A COMPARATIVE STUDY 



GOVERNMENT of m mm STATES 



STATE OF WYOMING. 



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UNITED STATES OF AMERICA. 



> 



A COMPARATIVE STUDY 



GOVERNMENT of the UNITED STATES 



AND OF THE 



STATE OF 



y 
FRANK H. H. ROBERTS. 
Principal of the Xormal Department of the University of Wyoming, 
Laramie, Wyoming, 



WITH AX INTRODUCTION BY 

GRACE RAYMOND HEBARD, Ph. D. 
Trustee of the University of Wyoming. 



Around I see 

The powers that be ; 
I stand by Empire's primal springs. 

And princes meet 

In every street 
And heir the tread of uncrowned kings. 

— UliHtier. 



The Wyoming Education.^l Publishing Comp.^nv, 

Laramie, WyoMrxG. 

MDCCCC. 



V 



XWO COPi ES H k.\^ ti V tCD, 

Library of Cftngrttl% 
Office of tht 

APR 17 1900 

Regist«r of Copyrlghift 



7i b ^ 



56772 



Copyright 1900 

BY 

Frank H. H. Roberts. 



Printed by 

Chaplin, Spafford and Mathison. 

Laramie, Wyo. 



SECOND COPY, 



Preface. 

In the summer of 1899, Doctor Grace Raymond Hebard began a 
work on the Constitution of Wyoming, but in the fall she was com- 
pelled by sickness to give up the undertaking. A great deal of ma- 
terial had been gathered and many notes had been made before the 
work was dropped. 

Grateful acknowledgment is made to Miss Hebard, who kindly 
turned over to the author all her notes and material, and who has 
been especially heljDful in suggestions, in reading and correcting man- 
uscript and proof. 

In many places the words of the Constitution and the laws have 
been quoted without use of quotation marks, but in all quotations 
from books, due credit has been given. 

This book is sent out with the hope that it will be heljtfu] to the 
teachers and interesting to the citizens of Wyoming. 

FRANK H. H. ROBERTS. 

T^niversity of Wyoming, April 1, 1900. 



Introduction. 

The Constitution of the United States of America is much the most im- 
portant political instrument of modern times. — Maine. 

The American Constitution is the most wonderful work ever struck off at a 
given time by the brain and purpose of man. — Gladstone. 

The idea of a constitution did not originate in the minds of the 
members of the Constitutional Convention v^^hich met in Philadelphia 
in 1787. England had a constitution, though unwritten, when the 
framers of our constitution presented to the people of the United 
States for ratification our present form of government. But to 
America must we give credit for the first written constitution ever 
presented to a people for consideration and adoption. Most of the 
civilized nations of to-day have written constitutions, thus following 
in the steps of the Ignited States. In the construction of our na- 
tional constitution we must not claim too much originality. The 
crisis at hand was too great and the possibility of a failure from a 
totally untried experiment too disastrous to put precedent aside, and 
Iience the constitution was a matter of selection, not of originality, 
'Of choosing not inventing. We patterned after the country from 
"whicli we were determined to alienate ourselves. We selected what 
"we felt were the best tried forms of government from England's un 
written constitution, and we also copied forms then in existence in 
America. Having a single executive, a President, at the head of 
atfairs was not an original idea, for the State of Connecticut had her 
Oovernor, and the veto and impeachment powers were already in the 
constitutions of some of the states. The idea of two houses for legisla- 
tion was not new, for there was the English Parliament, with its 
House of Lords and House of Commons. This form, as finally 
adopted in the convention, was in the nature of a compromise be- 



INTRODUCTION. 5 

tween those who insisted that Congress should be composed en- 
tirely of Senators, thus having the states equally represented, and 
those who demanded that CongresiS should contain only a House 
of Kepresentatives, the states being thus represented proportion- 
ately according to the population. This dual form of government, a 
Congress with an Upper and Lower House, has a parallel now id 
the leading nations of the world; England as above stated with the 
Houses of Lords and Commons, France with a National Assembly- 
having a Senate and Chamber of Deputies, and the Legislature of 
Germany with its Federal Council (Bundesrath) and Diet (Reichstag). 

The Supreme Court of the United States is a creation of the 
makers of the Constitution. "It may be called the one creative fea- 
ture." The very provisions of the Constitution itself make this court 
possible. Maine says, "The functions which the judges of this court 
have to discharge under the proyisions of the Constitution arise pri- 
marily from its very nature." Decisions are handed down from this 
court when there have been actual cases in controversy as to the 
determination of some question of constitutionality. The necessary 
flexibility of the Constitution gives rise to these questions of consti- 
tutionality. Thus by our own Constitution does the court test all of 
our legislation. In England no judge can pronounce the acts of 
Parliament unconstitutional. The judges of the higher courts advise 
with the Houses, having influence, but no actual power or authority. 
All acts of Parliament are constitutional in fact and in law. ''Writ- 
ten constituent law is by its very nature a law higher than any 
statute the legislature acting under it can enact, and by that law as 
by an invariable standard, must the courts rest all acts of legisla- 
tion," (Woodrow Wilson.) Thus it is seen that the supreme law of 
this land is our Constitution. "Ignorance of the law excuses no one,^ 
and if the Constitution is the law, then ignorance of the Constitution 
excuses no one. An article which takes but twenty-three minutes to 
read, as does our Constitution, which is written in simple, unstilted 



Q INTRODUCTION. 

language, which is clothed in words of unhidden meaning, which is 
of i)aramount importance to every citizen of these United States, 
ought to be familiar to and understod by every youth in our land. 

The supreme law of the United States is the. supreme law of the 
State of ^A\voming, for Wyoming is an inseparable part of the Fed- 
eral Union (See Section 37, Article I of the Constitution of Wyo- 
ming.) A knowledge of the (Constitution of the United States is an 
indis])ensable requirement to an accurate understanding of any state 
constitution. No portion of any state constitution inconsistent with 
the national constitution is valid. All state constitutions are to a 
large extent necessarily patterned after the national constitution. 
The i)ai-allels between the forms of national and state government are 
marked. The branches of government are similar. The executive, 
legislative and judicial departments have like functions and author- 
ity. As in the nation so in the state. "A written constitution deter- 
mines and defines the scope of all departments of government and all 
governed." 

The rights granted the citizens of the state of Wyoming (Article 
VI, Section 1) make it imperative that ALL of the youth of this state, 
who are embryo citizens, familiarize themselves with our state con- 
stitution. The rights granted men and woinen carry with them a 
duty and an obligation. To exercise intelligently this right of citi- 
zenship ii5iplies a corresponding duty from everyone who enjoys this 
"equality of all civil, political and religious rights and privileges.'' 
To so familiarize oneself with the contents and purposes of our Con- 
stitution is an obligation which goes hand in hand with the right of 
citizenship. To be able to help formulate wise legislation is the 
highest prerogative granted an American citizen. This is the basis 
•of our republic. It was this more than any one other fact that made 
our National Constitution and separation from England possible. 
To have a voice in our government, then, becomes a sacred duty. 
Good government depends upon good citizenship. The strength of a 



INTRODUCTION. 7 

Constitution depends upon the virtue and intelligence of the people, 
and no government can be greater than the people to be governed. 
Good citizenship depends upon a thorough knowledge of the needs 
of the governed, of the remedies for existing evils, and upon the en- 
forcement of rights as presented in national, state and municipal con- 
stitutions. It is the purpose of this book to assist in this higher citi- 
zenship by clearly pointing out the essentials in both our' national 
and state constitutions and by explaining those portions which seem 
to be of vital importance to the future citizen of the United States 
and the State of Wyoming. 

GRACE RAYMOND HEBARD. 
T^niversity of Wyoming, 
Laramie. 



8 DEFINITIONS AND FORMS OF GOVERNMENT. 

CHAPTER I. 

DEFINITIONS AND FORMS OP GOVERNMENT. 

GOVERNMENT. — Tlie government of a state or country is the 
organization that is invested with supreme power. Its functions are 
to make, interpret and execute the laws. All governmental acts 
may be classed under three heads — ^legislative, executive, and ju- 
dicial. There is a distinction between the government and the people 
which, in many countries, is readily observed, but in our own many 
writers and public speakers have failed to see this difference. The 
people can amend the constitution or change the form of the govern- 
ment at will — they are the real sovereigns who delegate the right to 
rule to their creature, the government. 

Grovernment is either civil or military. The earlier governments 
were military, the ruler enforcing his rule by force of arms. As the 
citizens of a country gain power, the government loses some of 
its military character. When the military is put into complete sub- 
ordination to the part of the government that represents *the people, 
the government becomes civil, or government by the people. 

SCIENCE OF CIVIL GOVERNMENT.— The science of civil gov- 
ernment is the orderly statement of the principles of constitutional 
government, and the workings of its institutions. 

INSTITUTIONS.— The institutions of a country are its laws and 
customs. 

KINDS OF GOVERNMENT.— Governments have been divided 
into three classes, monarchies, republics and democracies. 

A Monarchy is a government in which the supreme power is 
vested in one person, whose will is law, who is the chief executive 
officer, and the highest judge of the land. Russia, China and Turkey 
are real monarchies. The rulers of many of the ancient monarchies 
have been deprived of much of their power and the countries they 
rule are called limited monarchies. England was a true monarchy in 



■DEFINITIONS AND FORMS OF GOVERNMENT. ^ 

the tenth, eleventh and twelfth centuries, but in 1215 the monarch 
was compelled to surrender part of his power and at different periods 
other rights were wrested, from him until to-day England is a demo- 
cratic monarchy. 

A Repuhlic is a government in which the chief executive is 
chosen by electors, who are composed, in some states, of all the 
people, and, in others, of a selected few, and who does not get his right 
to rule by birth. In America the chief executive has been called Presi- 
dent, Grovernor, etc., while in European republics he has been called 
President, Doge, Gonfalonier and even King. In Florence the term 
of office was two months and in Sparta, which was an aristocratic re- 
public, the two elected kings served for life. 

A Democracy is usually defined as a government by the people, 
or one in which the people perform all the functions of government* 
If this definition is true, no democracy ever existed or ever will; it 
is a principle, rather than a kind, of government. In the early his- 
tory of governments, petty states were governed by chiefs or kings 
who were supposed to rule by divine right, but when democratic 
principles began to prevail this idea was displaced by the doctrine 
that the most powerful and influential should rule, but in the com- 
plete triumph of democracy it is held that rulers obtain their right 
to govern by the suffrage of the people. In the present democracies, 
the people make the laws but leave their execution to some selected 
officer. This is true of the New England "town meeting," where all 
the citizens of a township meet to discuss and vote upon questions 
of taxation, schools, roads, the care of the poor, and any other subject 
of local interest, but they leave the execution of their sovereign will 
to officers elected by them at this meeting. In any democratic coun- 
try, slavery cannot exist, imprisonment for debt and the restriction 
of suffrage for any reason other than crime is impossible. Since 
Athens, in her boasted age of democracy, had 20,000 voters and 400,- 
000 slaves, she was only an aristocracy, governed by Pericles, king 



10 DEFINITIONS AND FORMS OF GOVERNMENT. 

by coiiimou consent, altliougli not holding the title. Wyoming is 
more democratic than many states of the T'nion in that she has ex- 
tended the right of suffrage to the women. A government in which 
all the people choose representatives to carry out their will as ex- 
pressed in their platforms is a representative democracy. 

OLIGAEOHY. — An oligarchy is a government in which the eli- 
gibility to office is restricted to a few, who may be the best or the 
worst citizens. When the best rule the state, the government is 
called an Aristocracy. In ordinary language an aristocracy is a coun- 
try ruled by the rich without regard to other qualifications, histori- 
cally such a government is called a timocracy. 

FEDERAL GOVERNMENT.— A federal government is based 
upon states as units. It deals entirely with the state. When it wants 
money it asks the states for it. TTie United States under the Articles 
of Confederation was a federal government. Congress could levy 
taxes but could not collect them,, could vote to raise an army, but 
could not enlist a man. 

NATIONAL GOVERNMENT. — A National Government is based 
u])0u the people and state lines are obliterated. 

Mr. Madison, the Father of the Constitution, wrote: "The con- 
stitution is, in strictness, neither a national nor a. federal constitu- 
tion, but a composition of both. In its foundation it is federal, not 
national ; in the sources from which the ordinary powers of the gov- 
ernment aie drawn it is partly federal and partly national; in the 
operation of these powers it is national, not federal; in the extent of 
them, again, it is federal, not national ; and finally in the authorita 
five mode of introducing amendments it is neither wholly federal nor 
wholly national." 

EMPIRE. — An empire is a government including subordinate 
governments within its territory. The German Empire is composed 



DEFINITIONS AND FORMS OF GOVERNMENT. H 

of kingdoms, principalities, and republics. Washington and Jeffer- 
son called tlie Ignited States an empire. 

REFERENDUM.— "The referendum is the right of the people to 
decide on certain la^s or measures which have been passed by the 
legislative body." — Century Dictionary. 

When the legislative branch of the govx^rnment of South Dakota 
or of Switzerland passes a law it does not go into effect until a certain 
number of days have passed. If, in this time, five per cent of the vot- 
ers of South Dakota or 30,000 of the voters of Switzerland petition 
the government that the law be submitted to the peoY)le for their 
consideration, it must be submitted, and if a majority Vote in favor of 
the law it is then in full force. If a majority do not vote for it, then 
it is null and void. The cantons of Switzerland vary in their prac- 
tice, some requiring every law to be submitted to the people, others 
giving the legislature power to decide that a law must go into effect 
at once. 

INITIATIVE. — This is the right to [)ropose legislation. In the 
Ignited States any one may pro]«ose a measure for legislative enact- 
ment, but there is no constitutional requirement forcing the legisla 
tive body to consider it, excejft in South Dakota, where if five per 
cent of the voters petition the legislature to pass a certain law, it is 
required by the State Constitution to grant their demand by enacting 
the law and submitting it to the people for approval or rejection by a 
majority vote. In Switzerland, 50,000 voters must petition for a law 
before the Federal (^'ouncil is required to enact it. But in the Canton 
of Zurich one person may propose a measure and the legislature must 
vote upon it. If one-third favor it, then it is submitted to the people 
for their consideration and vote. 

SO^^EREIGNTY MANDATE.— This is one of the new ideas in 
government. If the Supreme Court declares a law unconstitutional, 
the sovereignty mandate would allow the people to petition that the 



12 DEFINITIONS AND FORMS OF GOVERNMENT. 

question be submitted to them, and if a majority voted for the meas- 
ure, it would then be constitutional. 

AMBASSADORS. — An Ambassador is the chief representative 
of one government at the capital of another government. They are 
the chief diplomatic agents of a country. When the Ambassador is 
sent to negotiate some special treaty, he is called Ambassador Extra- 
ordinary. 

MINISTERS RESIDENT.— The duty of the Minister Resident is 
the same as that of an Ambassador. The difference consists in the im- 
portance of the countries to which they are sent. Corresponding to 
the Ambassador Extraordinary is the Minister Plenipotentiary. 

CONSUL. — The Consul is a comniercial agent who looks after the 
interests of merchants and seamen in foreign countries. 

THE CONGRESSES OF THE UNITED STATES.— The meetings 
of delegates from the several colonies or states were called congresses, 
because the delegates met as ambassadors to negotiate treaties for 
their respective governments and not to exercise legislative power. 
All questions agreed upon by the congresses must be ratified by the 
colonies or states, by formal action of the legislatures or by common 
consent. Roswell G. Horr is authority for the statement that, when 
the Continental Congress issued the continental currency, every state, 
by solemn declaration of its legislature, made the currency a legal 
tender. 

The early sessions of the Continental Congress provided for com- 
mon defense, hence its right to act was not questioned and its laws 
were quietly obeyed by the people, but when Congress began to work 
under the Articles of Confederation and there was no immediate dan- 
ger from the English, its laws were totally ignored. 

THE GOVERNMENT UNDER THE ARTICLES OF CONFED- 
ERATION. — This Constitution was proposed by the Continental Con- 



DEFINITIONS AND FORMS OF GOVERNMENT. 13 

gress in 1776, but was not ratified by all the states before 1781. The 
government consisted of a congress which had executive, legislative 
and judicial rights, but had no power to enforce any of its acts. Each 
state was entitled to not fewer than two nor more than seven mem- 
bers, and it had one vote on all questions. 

A writer of the time wrote: "The United States in Congress 
have exclusive power for the following purposes, without being able 
to execute one of them: 

"1. They make and conclude treaties, but can only recommend, 
the observance of them. 

"2. They may appoint ambassadors, but cannot defray even the 
expenses of their tables. 

"3. They can borrow money in their own name on the faith of 
the Union, but cannot pay a dollar. 

"4. They may coin money, but cannot buy an ounce of bullion. 

"5. They can make war, and determine what number of troops 
are necessary, but cannot raise a single soldier. 

"6. In short, they may declare everything and do nothing." 

The most remarkable facts in the history of the United States 
are the development of political doctrines and the growth of constitu- 
tional government. When the Constitution was adopted the great 
body of public men believed in aristocratic government and thor- 
oughly distrusted the people. Under the leadership of Madison, Ran- 
dolph and Roger Sherman, an oligarchic republic was formed and 
maintained by Hamilton and the Federalists, until the great revolu- 
tion of 1800 ushered into the presidenc}^ a man who believed in the 
people. 

The character first given to our government has entirely disap- 
peared and even now it is rapidly losing the semblance of a republic 
and becoming a representative democracy. Again, its early form 
recognized the federal! stic element of government, but as a result of 
Jackson's administration, of the Civil War, and President Cleve- 



14 



THE CONSTITUTIONS. 



land's autlioritative method of settling the Chicago strike, the gov- 
ernment has been given such an impetus toward nationalism that we 
are no longer in danger from the doctrine of state's rights. Other 
evidences of this tendency are found in political leaders insisting 
that the government control the liquor traffic and trusts and own the 
railroads, etc.; church people believing that marriage and divorce 
Jaws should be enacted by Congress; and lawyers arguing that the 
penal code should be uniform throughout the Union. May we not be 
in danger of too great a centralization of power? 



CHAPTER II. 
THE CONSTITUTIONS. 

THE PREAMBLE AND DECLARATION OF RIGHTS. 



CONSTITUTION OF THE UNITED 
STATES. 

Adopted by the Constitutional Con- 
vention which met at Philadelphia 
May 14, 1787, but for the want of a 
quorum, did not organize until the 25th 
of the same month. Of the sixty-five 
delegates chosen, fifty-five attended 
the convention, thirty-nine of whom 
signed the Constitution on the day of 
adjournment, September 17, 1787. 
George Washington was President; 
and William Jackson, Secretary. 

This Constitution was ratified by 
conventions of states and not by the 
people. 



CONSTITUTION OF THE STATE 
OF WYOMING. 

The Constitutional Convention met 
at Cheyenne, September 2, 1889, and 
finished its labors September 30th, by 
unanimously adopting the' Constitution 
which is the fundamental law of the 
state. Forty-six of the forty-nine 
members signed the Constitution. 
Melville C. Brown was chosen Presi' 
dent and John K. Jeffrey, Secretary. 

The Constitution was ratified by the 
people, at a general election, Novem- 
ber 9, 1889, by the following vote: 

For the Constitution 6,272 

Opposed 1,923 



THE CONSTITUTIONS. 



15 



PREAMBLE. 

"We, the people of the United States, 
in order to form a more perfect union, 
establish justice, insure domestic tran- 
quillity, provide for the common de- 
fence, promote the general welfare, 
and secure the 'blessings of liberty to 
ourselves and our posterity, do ordain 
and establish this Constitution of the 
United States of America." 

While the preamble begins with 
"We, the people," the Constitution 
was really the work of the states. It is 
now admitted that if the Constitution 
had been submitted to the people for 
ratification it would have been over- 
whelmingly defeated. The imperfect 
union under the Articles of Confedera- 
tion led to a desire for "a more per- 
fect union." Only state courts had ex- 
isted and the citizens of one state 
were often unable to secure justice in 
the courts of another state, hence "to 
establish justice," it was necessary to 
establish a system of courts. The 
states had been on the verge of war 
with each other and rebellion had ex- 
isted in many of them; a government 
that could "insure domestic tranquil- 
lity" was necessary. The old form had 
proven itself inadequate to "provide 
for the common defence." The mem- 
bers of the convention well understood 
the danger that beset the country. 
England and France each hoped to 
gain possession of a portion of the 
country, if not all, through the bick- 
erings and quarrelings of the states. 
If the blessings of liberty that had 



PREAMBLE. 

"We, the people of the State of Wyo- 
ming, grateful to God for our civil, 
political and religious liberties, and de- 
siring to secure them to ourselves and 
perpetuate them to our posterity, do 
ordain and establish this constitution." 

The preamble of a constitution de- 
clares the purpose of the people in 
erecting a new government. The only 
right of self government that existed 
under the territorial form was dele- 
gated to the people of Wyoming by the 
United States government and could 
have been withdrawn at any time Con- 
gress saw fit. Recognizing the fact 
that their liberties had been given them 
by the general government, yet feeling, 
in common with the people of the 
whole country, that their liberties 
were secure only when in their own 
hands, the people erected a govern- 
ment and the United States gave up 
all right to control local affairs when 
Wyoming was admitted as a state. 

In 1803, under the leadership of Jef- 
ferson, the Republican party enunci- 
ated the doctrine that the Constitution 
was made for the states and the gov- 
ernment of the territories was left to 
Congress. (U. S. Constitution, Art. IV. 
Sec. 3.) 

The Ohio, Mississippi, '*and Indiana 
territories were ruled by a Governor 
and Judges appointed by the President. 
The Governor and Judges had all pow- 
er. The Governor was the executive 
officer, the Judges the judicial officers, 
but the two departments acting to- 



1^ THE CONSTITUTIONS. 

been secured at such sacrifice of life gether formed the third and passed all 
and property were to be maintained, it laws for the government of the terri- 
must be by a government that would , tories. The same doctrine is held to- 
be respected by other governments. day by many members of Congress. 



DECLARATION OF RIGHTS. 

In 1668, when William and Mary came to the English throne. 
Parliament issued a Declaration of Rights which the new sovereigns 
accepted. This famous state paper has been the model for similar 
ones in American constitutions. While in its original form the Con- 
stitution of the United States contains no such declaration, in 1791 
ten amendments intended to remedy this defect were declared a part of 
the Constitution. "The necessity of a distinct declaration of rights in 
the Constitution of a republican form of government is not so obvi- 
ous as under a monarchy. Guarantees against hereditary monarchs 
may be needed, but the people hardly need such guarantees against 
themselves." When* this custom was established, the people had not 
yet realized that the government was but their servant and could be 
changed or abolished as soon as it failed to do its duty within the 
limits that they had prescribed. But the framers of the Constitution 
of Wyoming had fully caught the democratic spirit, as evidenced by 
the following declaration: 

Section 1. All power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their peace, safety and hap- 
piness; for the advancement of these ends they have at all times an inalien- 
able and indefeasible right to alter, reform or abolish the government in such 
manner as yiey may think proper. 

Art. I. Congress shall make no law Sec. 18. The free exercise and en- 
respecting an establishment of religion, joyment of religious profession and 
or prohibiting the free exercise there- worship without discrimination or 
of; or abridging the freedom of speech, preference shall be forever guaranteed 
or of the press; or the right of the in this state, and no person shall be 



THE CONSTITUTIONS. 



17 



people peaceably to assemble and to 
petition the government for a redress 
of grievances. 



rendered incompetent to hold any of- 
fice of trust or profit, or to serve as a 
witness or juror, because of his opin- 
ion on any matter of religious belief 
whatever; but the liberty of con- 
science hereby secured shall not be so 
construed as to excuse acts of licen- 
tiousness or justify practices inconsist- 
ent with the peace or safety of the 
state. 

Sec. 20. Every person may freely 
speak, write and publish on all sub- 
jects, being responsible for the abuse 
of that right; and in all trials for li- 
bel, both civil and criminal, the truth, 
when published with good intent and 
for justifiable ends, shall be a suffi- 
cient defense, the jury having the right 
to determine the facts and the law, 
under direction of the court. 

Sec. 21. The right of petition, and 
of the people peaceably to assemble to 
consult for the common good, and to 
make known their opinions, shall nev- 
er be denied or abridged. 



The question is often asked wby the states adopt provisions that 
are identical with those found in the amendments to th(^ National 
Constitution. The courts have held that the amendments impose re- 
strictions upon Congress only, hence it is necessary that each state 
re-enacts these clauses if it wishes to limit the power of its govern- 
ment. Judge Cooiley says: *'The courts of the T^nion and the states, 
in administering" the common law. find it necessary to take notice 
that the prevailing religion of the country is Christian.'- Congress 
has never attempted to violate the first clause. Article I, but the sec- 
ond and third have been notoriously broken. The Sedition law is an 
example of the violation of the second. Under this law one man was 

-(2) 



18 THE CONSTITUTIONS. 

fined |400 and given six months imprisonment for saying that Ad- 
ams' administration was "wholly in the infancy of political mistakes." 
By the notorious "gag rule" of the. House, the right of petition was 
denied to the opponents of slavery for several years. There was no 
power to punish the House for violating the Constitution, but public 
sentiment became so strong that it was finally heeded and the rule 
repealed. 

Art. II. A well regulated militia be- Sec. 24. The right of citizens to 

ing necessary to the security of a free bear arms in defense of themselves 

state, the right of the people to keep and of the state shall not be denied. 

and bear arms shall not be infringed. Sec. 25. The military shall ever be 

Art. III. No soldier shall, in time of in strict subordination to the civil 
peace, be quartered in any house, power. No soldier in time of peace 
without the consent of the owner; nor shall be quartered in any house with- 
in time of war but in a manner to be out consent of the owner, nor in time 
prescribed by law. of war except in the manner prescribed 

by law. 

The oppression of the British government was so grievous that 
the fear of the use of tyrannical power is still in the people and they 
insist on safe-guarding themselves even against a government of their 
own making. The attempts of the mother country to prohibit the 
colonial militia and the passage of the Mutiny Act are responsible 
for these provisions. The right to bear arms is given to the people 
as a whole and not to the individual, and the arms must be "such as 
are suitable for the general defense of the community against inva- 
sion or oppression; and the secret carrying of those suited merely to 
deadly individual encounters may be prohibited." 

The first sentence of Section 25, Constitution of Wyoming, puts 
the Legislature in absolute control of all questions of war, of arm- 
ing and equipping the militia, and leaves the Governor, the com- 
mander-in-chief, to carry out its directions. 



THE CONSTITUTIONS. 



19 



Art. IV. The right of the people to 
be secure in their persons, houses, pa- 
pers, and effects, against unreason- 
able searches and seizures, shall not 
be violated; and no warrants shall is- 
sue but upon probable cause, supported 
by oath or affirmation, and particu- 
larly describing the place to be search- 
ed, and the persons or things to be 
seized. 



Sec. 4. The right of the people to be 
secure in their persons, houses, pa- 
pers and effects against unreasonable 
searches and seizures shall not be vio- 
lated, and no warrant shall issue but 
upon probable cause, supported by affi- 
davit, particularly describing the place 
to be searched or the person or thing 
to be seized. 



In law, search warrants are divided into two classes, general and 
special. The former is issued without the name of the place to be 
searched or the thing to be seized. This enables an ofificious officer to 
harass any one he pleases and to commit robbery in the name of the 
law. Just before the revolution, Great Britain, clearly contrary to 
the law. issued general warrants, called wr-its of assistance, which 
were used to intimidate the people. The effect has been that this 
safeguard is in every state, as well as the national, Oonstitution. 



Art. V. No person shall be held to 
answer for a capital or otherwise in- 
famous crime, unless on a present- 
ment or indictment of a grand jury, 
except in cases arising in the land or 
naval forces, or in the militia, when 
in actual service, in time of war or 
public danger, nor shall any person be 
subject for the same offence to be 
twice put in jeopardy of life or limb; 
nor shall be compelled, in any crim- 
inal case, to be a witness against him- 
self; nor be deprived of life, liberty, 
or property, without due process of 
law; nor shall private property be 
taken for public use, without just 
compensation. 



Sec. 13. Until otherwise provided by" 
law, no person shall, for a felony, be- 
proceeded against criminally, other- 
wise than by indictment, except in^ 
cases arising in the land or naval 
foi'ces, or in the militia when in actual^ 
service in time of war or public dan- 
ger. 

Sec. 11. No person shall be com- 
pelled to testify against himself in any 
criminal case, nor shall any person be 
twice put in jeopardy for the same of- 
fense. If the jury disagree, or if the 
judgment be arrested after a verdict, 
or if the iudempnt tte reversed for er- 
ror in law, the accused shall not be 
deemed to have been in jeopardy. 



20 THE CONSTITUTIONS. 

Sec. 6. No person shall be deprived 
of life, liberty or property without due 
« process of law. 

Sec. 33. Private property shall not 
be taken or damaged for public or pri- 
vate use without just compensation. 

Sec. 32. Private property shall not 
be taken for private use unless by con- 
sent of the owner, except for private 
ways 'of necessity, and for reservoirs, 
drains, flumes, or ditches on or across 
the lands of others for agricultural, 
mining, milling, domestic or sanitary 
purposes, nor in any case without due 
compensation. 

Capital crime is one that is punishable with death. An indict- 
ment is a written charge of crime presented by a prosecuting attor- 
ney, to the grand jury. Section 11 tells when a person is not twice 
put in jeopardy of life or limb. If a person is tried for a crime and 
acquitted by the petit jury and again put on trial for the same of- 
fense, then he has been twice put in jeopardy. Sections 32 and 33 
refer to the right of eminent domain, which is the right to take pri- 
vate property for the public welfare. 

Art. VI. In all criminal prosecu- Sec. 10. In all criminal prosecutions 

tions the accused shall enjoy the right the accused shall have the right to de- 

to a speedy and public trial, by an im- fend in person and by counsel, to de- 

partial jury of the state and district mand the nature and cause of the ac- 

wherein the crime shall have been cusation, to have a copy thereof, to be 

committed, which district shall have confronted with the witnesses against 

been previously ascertained by law, and him, to have compulsory process 

to be informed of the nature and cause served for obtaining witnesses, and to 

of the accusation; to be confronted a speedy trial by an impartial jury of 

with the witnesses against him; to the county or district in which the of- 

have compulsory process for obtaining fense is alleged to have been commit- 

witnesses in his favor; and to have ted. 



THE CONSTITUTIONS. 



21 



the assistance of counsel for his de- 
fence. 

Art. VII. In suits at common law, 
where the value in controversy shall 
exceed twenty dollars, the right of 
trial by a jury shall be preserved; and 
no fact tried by a jury shall be other- 
wise re-examined, in any court of the 
United States, than according to the 
rules of the common law. 



Sec. 9. The right of trial by jury 
shall remain Inviolate in criminal 
cases, but a jury in civil cases in all 
courts, or in criminal cases in courts 
not of record, may consist of less than 
twelve men, as may be prescribed by 
law. Hereafter a grand jury may con- 
sist of twelve men, any nine of whom 
concurring may find an indictment, 
but the legislature may change, regu- 
late or abolish the grand jury system. 



The Common Lair is a body of law growing; out of the customs of 
the courts and it dates back so far into the history of England "that 
the mind of man runneth not to the contrary." The Common Law 
holds where no statute has been passed to the conti'ary. There are 
two juries, the grand and the petit. The grand jury usually consists 
of fifteen (read Section 9) persons, any twelve of whom may find an 
indictment to be a true bill. They sit in secret session and look into 
all charges of crime committed in their district, and, if they are sat- 
isfied that there is sufficient evidence against the accused to justify 
a formal trial, they return the indictment to the court. The petit jury 
tries both criminal and civil cases in open court and renders a decis- 
ion after both sides have been heard. It usually consists of twelve 
men, all of whom must agree to the verdict. 



Art. VIII. Excessive bail shall not 
be required, nor excessive fines im- 
posed, nor cruel and unusual punish- 
ments inflicted. 



Sec. 14. All persons shall be baila- 
ble by sufficient sureties, except for 
capital offenses when the proof is evi- 
dent or the presumption great. Ex- 
cessive bail Shall not be required, nor 
excessive fines imposed, nor shall 
cruel or unusual punishment be in- 
flicted. 



"That reasonable bail shall be accepted is an admonition ad- 
dressed to the judgment and conscience of the' court or magistrate 



22 THE CONSTITUTIONS. 

empowered to fix the amount; it is impossible that a definite rule 
shall be established by law for particular cases." — Judge Cooley. 

Art. IX. The enumeration in the Sec. 36. The enumeration in this 

"Constitution of certain rights shall Constitution of certain rights shall not 
not be construed to deny or disparage be constructed to deny, impair, or dis- 
others retained by the people. parage others, retained by the' people. 

Art. X. The powers not delegated 
to the United States by the constitu- 
tion, nor prohibited by it to the states, 
are reserved to the states respectively, 
or to the people. 

The government of the United States can exercise only those pow- 
ers which are delegated to it by the Constitution, while the state gov- 
ernments may exercise any power not denied to them by the national 
and state Constitutions. The chief distinction between the leading 
political parties has been the question whether the national govern- 
ment is limited to the expressed declarations of the Constitution or 
may e"xercise implied powers. That is, the Republican, Democratlc- 
Eepublican, and the Democratic parties have generally been in favor 
of a strict construction of the Constitution, while the Federalists, 
National Republicans, Whigs, and Republicans have held, usually, 
that the powers implied by the Constitution may be exercised. 

Sec. 7. Absolute, arbitrary power over the lives, 'liberty and property of 
freemen exists nowhere in a republic, not even in the largest majority. 

It is so frequently stated, the right to rule lies in the majority, 
that many of the majority hold that the minority has no rights. The 
members of the state convention evidently realized this great danger 
to democratic government's and enunciated the political doctrine that 
must save us from the worst kind of tyranny. 

In speaking of the state governments, De Tocqueville, in his 
"''Democracy in America," says: "If ever the free institutions of 
America are destroyed, that event may be attributed to the unlimited 



THE CONSTITUTIONS. 23 

authority of the majority, which may at some time urge the minori- 
ties to desperation and oblige them to have recourse to physical force. 
Anarchy will then be the result, but it will have been brought about 
by despotism." 

Hamilton, the apostle of centralized government, wrote in the 
Federalist: "In a society, under the fornis« of which the stronger 
faction can readily unite and oppress the weaker, anarchy may as 
truly be said to reign as in a state of nature, where the weaker indi- 
vidual is not secured against the violence of the stronger." Jefferson 
wrote to Madison: ''The tyranny of the legislature is really the 
danger most to be feared, and will continue to be so for many years 
to come." 

Art. I, Sec. 9. 3. No bill of attainder, Sec. 35. No ex-post facto law, nor* 

or ex post facto law, shall be passed. any law impairing the obligation of 

contracts, shall ever be made. 

The national as well as the state Constitution prohibits the state 
from passing laws impairing the obligation of contracts, but no re- 
striction is put upon Congress. Neither Congress nor the Legisla- 
ture can pass an ex post facto law. An ex post facto law is a statute 
that affects crimes that were committed before the law was passed or 
that makes criminal, acts that were lawful when performed. A bill 
of attainder is a legislative act inflicting punishment upon a person 
without a trial in court before a jury. 

• Art I, Sec. 9. 2. The privilege of the Sec. 17. The privilege of the yfrit of 

writ of habeas corpus shall not be sus- habeas corpus shall not be suspended, 

pended, unless when, in cases of re- unless when, in case of rebellion or in- 

bellion or invasion, the public safety vasion, the public safety may require 

naay require it. it. 

Habeas corpus is a Latin phrase meaning "you may have the 
body." It is a writ that commands a person having another under ar- 
rest to bring him into court and give the cause of his arrest. If the 
judge is not satisfied that the prisoner is legally held, he releases him. 



24 LEGISLATIVE DEPARTMENT. 

This prevents the arrest and detention of persons without good and 
sufficient reasons. 

The two Constitutions agree that "the privilege of the writ of 
habeas corpus shall not be suspended, unless when, in cases of rebel- 
lion or invasion, the public safety may require it." The question is, 
which branch of the government has the right to suspend the privilege 
of the writ? During the Civil War, the executive assumed the right, 
but later Congress passed a law legalizing the suspension, thus indi- 
cating that it believed that the right belonged to the legislative 
branch. 



CHAPTER III. 

LEGISLATIVE DEPARTMENT. 

THE NATION. THE STATE. 

The law-enacting power of the na- Legislative powei' is vested in the 

tion is vested in the President and State Legislature and the Governor. 

Congress. When a bill has passed Where the Legislature which is com- 

both houses of Congress, it is sent to posed of the Senate and the House &f 

the President, who, if he approve of Representatives pass a bill it must go 

it, will sign and thereby make it a to the Governor for his consideration, 

law. If he disapprove of it, it is re- If he approve of the bill he signs it 

turned to Congress, which may;, by a and then it is a law. But if he vetoes 

two-thirds vote, pass the bill over the the bill it is then returned to the Legis- 

President's veto. lature, which may enact it into law by 

The President and the Senate, in a two-thirds vote of each House, 
the treaty-making power, enact laws 
without the consent of the House. 



LEGISLATIVE DEPARTMENT. 



25 



EXECUTIVE DUTY.— The Senate is 
given the power to approve or reject 
the appointments of the President. 
The appointment of the officers of 
Congress has been held to be a legis- 
lative act. 

The House has the sole power of 
impeachment. To impeach is to form- 
ally accuse one in liigh office. Im- 
peachment corresponds to indictment 
in the courts. This is purely an exec- 
utive act. The court cannot try a 
person for crime until he is brought 
before it by an executive officer. 

TERMS, SALARY AND QUALIFI- 
CATIONS. — A Senator serves six years 
and a Representative two years. Each 
receives $5,000 annually. A person, 
to be eligible to the office of Repre- 
sentative, must have attained the age 
of 25 years, and have been a citizen of 
the nation for seven years, and an 
inhabitant of the state from which 
he is chosen; but to be eligible to the 
office of Senator, a person must be at 
least 30 years of age, and have been 
nine years a citizen of the nation and 
an inhabitant of the state by which 
he is elected. 

APPORTIONMENT.— Each state has 
two Senators and a Representative 
for each 173,901 persons. Bach state 
whose population is less than the num- 
ber required for a Representative, is 
entitled to one member of the House. 

There are ninety Senators, and 375 
Representatives at present. 



EXECUTIVE DUTY.— Tne Senate 
must confirm or reject the appoint- 
ments of the Governor. This right 
gives the Senators great influence with 
the executives. 

The House has sole power of im- 
peachment. All state officers may be 
impeached for wrong official acts. 

A person under indictment or im- 
peachment is innocent before the law 
until he is declared guilty by judicial 
action. The Constitution gives the 
Legislature power to pardon or com- 
mute sentences in cases of conviction 
for treason. 

TERMS, SALARY AND QUALIFI- 
CATIONS.— A Senator is elected for a 
term of four years and a Representa- 
tive for two years. Each member re- 
ceives five dollars per day for each day 
he is present in Legislative meetings. 
Any voter may be elected a Represen- 
tative, or if he has attained the age of 
twenty-five years, a Senator, provided 
that he has 'been a resident of the dis- 
trict from which he is chosen for one 
year next preceding his election. 



APPORTIONMENT.— Each county is 
a district for the election of Senators 
and Representatives. Senators and 
Representatives are apportioned to the 
district according to population. The 
Legislature is composed of nineteen 
Senators and thirty-eight representa- 
tives. 



26 



LEGISLATIVE DEPARTMENT. 



VACANCY IN THE SENATE.— 
When a vacancy occurs by death, 
resignation, or impeachment, the Leg- 
islature of the state in whose repre- 
sentation the vacancy occurs, if in 
session, proceeds at once to elect a 
Senator to fill the unexpired term. But 
if the Legislature is not in session, the 
Governor appoints a Senator to serve 
until the Legislature meets and elects 
a person to fill the remainder of the 
unexpired term. 

VACANCY IN THE HOUSE.— 
When a vacancy occurs in the repre- 
sentation of any state the Governor 
calls a special election of the district 
in which the vacancy exists, to elect 
a Representative to fill the unexpired 
term. 

TIME OF MEETING.— Congress 
meets on the first Monday in Decem- 
ber of each year, and adjourns on 
March 4 of odd years, and at its own 
pleasure in even years. 



County. Senators. Reps. 

Albany 2 5 

Big Horn 1 i 

Carbon 2 4 

Converse 1 3 

Crook 1 2 

Fremont 1 2 

Johnson 1 2 

Laramie .3 7 

Natrona 1 l 

Sheridan 1 3 

Sweetwater 2 3 

Uinta 2 4 

Weston 1 1 

VACANCY. — When a vacancy occurs 
in either House, it is filled by a special 
election. A person elected to fill a va- 
cancy in either Congress or the Legis- 
lature, serves for the unexpired term 
only. 



TIME OF MEETING.— The Legisla- 
ture meets on the first Tuesday in Jan- 
uary of odd years. 



LEGISLATIVE DEPARTMENT. 



27 



QUORUM. — A majority of the mem- 
bers of each. House shall constitute a 
quorum, and a majority of a quorum 
may pass a bill. 

VICE PRESIDENT OF UNITED 
STATES.— The Vice President is a 
legislative officer with very little 
power. He presides over the Senate 
and casts the deciding vote in case of 
a tie. Dignity is added to his office 
by the fact that he is first in the line 
of succession to the Presidency. Sal- 
ary, $8,000. 

SPEAKER OF THE HOUSE.— In 
power, excepting the President, the 
Speaker of the House of Representa- 
tives is the most important officer in 
the nation. By his appointment of 
committees he controls the whole 
trend of legislation. 

Salary, $8,000 annually. 



JUDICIAL DUTIES. — The Senate, 
sitting as a court, tries all cases of 
impeachment, and, if two-thirds of the 
members vote to sustain the impeach- 
ment, the person upon trial is re- 
moved from office and may be dis- 
qualified from holding any position of 
honor or trust in the United States. 

Articles of impeachment are a 
formal accusation of a person in high 
office, corresponding to indictment in 
the courts. 



QUORUM.— A majority of each 
House constitutes a quorum for doing 
business. A bill must receive the votes 
of a majority of the members before 
it passes either House. 

PRESIDENT OF THE SENATE.— 
The President of the Senate is a mem- 
ber of that body and may vote upon 
any question considered by the Senate, 
but has no deciding vote in case of 
a tie. 

This is an office of much dignity and 
influence. Salary $8 per day. 

SPEAKER OF THE HOUSE.— The 
chief officer of the House is the Speak- 
er. He appoints the committees and 
otherwise directs the course of legis- 
lation. 

Salary $8 per day. 

In the State the Speaker and Presi- 
dent of the Senate are co-ordinate in 
power. 

In the nation the Speaker has im- 
measureably more power than the Vice 
President. 

JUDICIAL DUTIES. — The Senate 
has jurisdiction of all cases of impeach- 
ment. The House has the sole power 
of impeachment, but a majority of the 
members must concur therein. At 
the trial of the person impeached the 
Senators are under oath to do justice 
and two-thirds of the members must 
concur in a verdict or the accused 
stands acquitted. 

When the Governor is on trial, the 
Chief Justice of the state presides. 



26 



LEGISLATIVE DEPARTMENT. 



VACANCY IN THE SENATE.— 
When a vacancy occurs by death, 
I'esignation, or impeachment, the Leg- 
islature of the state in whose repre- 
sentation the vacancy occurs, if in 
session, proceeds at once to elect a 
Senator to fill the unexpired term. But 
if the Legislature is not in session, the 
Governor appoints a Senator to serve 
until the Legislature meets and elects 
a person to fill the remainder of the 
unexpired term. 

VACANCY IN THE HOUSE.— 
When a vacancy occurs in the repre- 
sentation of any state the Governor 
calls a special election of the district 
in which the vacancy exists, to elect 
a Representative to fill the unexpired 
term. 

TIME OP MEETING.— Congress 
meets on the first Monday in Decem- 
ber of each year, and adjourns on 
March 4 of odd years, and at its own 
pleasure in even years. 



County. Senators. Reps. 

Albany 2 5 

Big Horn 1 1 

Carbon 2 4 

Converse 1 3 

Crook 1 2 

Fremont 1 2 

Johnson 1 2 

Laramie 3 7 

Natrona 1 l 

Sheridan 1 3 

Sweetwater 2 3 

Uinta 2 4 

Weston 1 1 

VACANCY. — When a vacancy occurs 
in either House, it is filled by a special 
election. A person elected to fill a va- 
cancy in either Congress or the Legis- 
lature, serves for the unexpired term 
only. 



TIME OF MEETING.— The Legisla- 
ture meets on the first Tuesday in Jan- 
uary of odd years. 



LEGISLATIVE DEPARTMENT. 



27 



QUORUM. — A majority of the mem- 
bers of each House shall constitute a 
quorum, and a majority of a quorum 
may pass a bill. 

VICE PRESIDENT OP UNITED 
STATES.— The Vice President is a 
legislative officer with very little 
power. He presides over the Senate 
and casts the deciding vote in case of 
a tie. Dignity is added to his office 
by the fact that he is first in the line 
of succession to the Presidency. Sal- 
ary, $8,000. 

SPEAKER OF THE HOUSE.— In 
power, excepting the President, the 
Speaker of the House of Representa- 
tives is the most important officer in 
the nation. By his appointment of 
committees he controls the whole 
trend of legislation. 

Salary, $8,000 annually. 



JUDICIAL DUTIES. — The Senate, 
sitting as a court, tries all cases of 
impeachment, and, if two-thirds of the 
members vote to sustain the impeach- 
ment, the person upon trial is re- 
moved from office and may be dis- 
qualified from holding any position of 
honor or trust in the United States. 

Articles of impeachment are a 
formal accusation of a person in high 
office, corresponding to indictment in 
the courts. 



QUORUM.— A majority of each 
House constitutes a quorum for doing 
business. A bill must receive the votes 
of a majority of the members before 
it passes either House. 

PRESIDENT OF THE SENATE.— 
The President of the Senate is a mem- 
ber of that body and may vote upon 
any question considered by the Senate, 
but has no deciding vote in case of 
a tie. 

This is an office of much dignity and 
influence. Salary $8 per day. 

SPEAKER OF THE HOUSE.— The 
chief officer of the House is the Speak- 
er. He appoints the committees and 
otherwise directs the course of legis- 
lation. 

Salary $8 per day. 

In the State the Speaker and Presi- 
dent of the Senate are co-ordinate in 
power. 

In the nation the Speaker has im- 
measureably more power than the Vice 
President. 

JUDICIAL DUTIES. — The Senate 
has jurisdiction of all cases of impeach- 
ment. The House has the sole power 
of impeachment, but a majority of the 
members must concur therein. At 
the trial of the person impeached the 
Senators are under oath to do justice 
and two-thirds of the members must 
concur in a verdict or the accused 
stands acquitted. 

When the Governor is on trial, the 
Chief Justice of the state presides. 



30 THE EXECUTIVE DEPARTMENT. 

r 

Speaker, who represents the majority, appoints the members of each 
committee, a majority of whom are in sympathy with his own politi- 
cal opinions, then when a bill is introduced it is referred" by him to 
the proper committee. If it meet the approval of the committee it 
is repprted to the house, and because it has been approved by the 
committee the members of the majority party usually vote for it 
without the close study that would be necessary if there were no 
committees. Occasionally a bill is defeated after it is approved by 
the committee, but not often. Bills take the same course in the 
Senate as in the House. The Vice President does not appoint the 
committees, but they are appointed by a committee elected by the 
Senate. The committees are a great saving of tijne and insure a 
thorough study of the bills presented for consideration. 



CHAPTER IV. 

THE EXEC^'TIVE DEPARTMENT. 

NATION. STATE. 

The chief executive power Is vested The chief executive power is vested 

in the President. in the Governor. 

QUALIFICATION.— A person must QUALIFICATION.— To be eligible to 

be 35 years of age, a natural born cit- the office of Governor, one must be a 
izen, and must have resided in the citizen of the United States, an elec- 
United States fourteen years, . to be tor of the state and must have been a 
eligible to the office of President. resident of the state for the five years 

next preceding his election. 

ELECTION.- On the first Tuesday PRESIDENTIAL ELECTORS OF 

after the first Monday in November THE STATE OP WYOMING.— At pres- 
of every fourth year, Presidential ent the people of Wyoming elect three 



THE EXECUTIVE DEPARTMENT. 



31 



electors are chosen in all the states, 
each state choosing as many electors 
as it has Senators and Representatives 
in Congress. 

On the second Monday of the fol- 
lowing January, the Electoral Col- 
lege is held; that is, the electors of 
each state meet at their respective cap- 
itals and cast their votes for Presi- 
dent and Vice-President. Three rec- 
ords of the vote cast are made; one 
is deposited with the clerk of the near- 
est United States District Court; the 
other two are sealed and sent to the 
Vice President — one by mail, the other 
by messenger — who retains them until 
the second Wednesday in February, 
when they are opened in the presence 
of both Houses of Congress and* 
counted and the result declared. 



electors who meet at the office of the 
Secretary of State, in Cheyenne. If 
there is a vacancy in the office of Elec- 
tor the remaining Electors may fill the 
vacancy, but if they fail to do so, the 
Governor fills the vacancy by appoint- 
ment. 

The proposition to elect the Presi- 
dent by a direct vote is not likely to 
gain favor in the small states. Com- 
pare the power of Wyoming with New 
York. Wyoming has three Electors 
and New York thirty-six or only twelve 
times the voting power of this state. 
Under an election by the people New 
York would exert an hundred times 
the power of Wyoming. 

In 1893 Wyoming for the first time 
participated in the election of the 
President of the United States. 



TERM OF OFFICE— The President 
is inaugurated on the fourth of March 
next succeeding his election, and serves 
four years, but his term ends on March 
the fourth, whether his successor has 
been chosen or not. Salary, $50,000 a 
year. 



TERM OF OFFICE.— The Governor 
holds office four years from the first 
Monday in January next' succeeding 
his election and until his successor is 
duly elected and qualified. 

Salary, $2,500. 



EXECUTIVE DUTIES AND POW- 
ERS. — He is Commander-in-Chief of 
the army and navy and of the state 
militia when it is in the service of the 
United States. He appoints his cabi- 
net, the diplomatic corps, the judges 
of the federal courts, and many other 
executive officers. He has power to 
grant reprieves and pardons for any of- 
fense against the United States before 



EXECUTIVE DUTIES AND POW- 
ERS. — He is Commander-in-Chief of 
the militia when it is not in the service 
of the National Government. He ap- 
points by and with the consent of the 
Senate the State officers of the Execu- 
tive department with the exception of 
Secretary of State, Auditor, Treasurer, 
and Superintendent of Public Instruc- 
tion. He has power to remit fines and 



32 



THE EXECUTIVE DEPARTMENT. 



or after conviction, except In cases of 
impeachment. , 



LEGISLATIVE POWERS AND DU- 
TIES.— When a bill has passed both 
houses of Congress it is sent to the 
President for his consideration. If ne 
approve of the measure he signs the 
bill, which then becomes a law. But 
if he does not favor the bill he vetoes 
it; that is, he returns it without his 
signature to the house in which it 
originated, together with his objec- 
tions. Or if he retains the bill more 
than ten days it becomes a law without 
his signature. But if Congress should 
adjourn before the ten days have ex- 
pired and the President does not sign 
the bill it fails to become a law. This 
is called a "pocket veto." 

In treaty making the President 
through the Secretary of State formu- 
lates a treaty, which, when ratified by 
two-thirds of the Senate, becomes a 
law of the land. 

JUDICIAL DUTY AND POWER.— 
When a court-martial has tried an of- 
fender against the military or naval 
law, it is the President's duty to re- 
view and approve or disapprove the 
findings of the court. This is purely a 
judicial act. After approval he may 
use executive clemency and pardon the 
offender or commute the sentence. 

ORDER OF SUCCESSION.— If both 
the President and Vice President 



and forfeitures, to grant reprieves 
and pardons after conviction for all of- 
fenses except treason, but must make 
A, detailed report of each case of clem- 
ency to the Legislature. 

LEGISLATIVE POWER AND DU- 
TIES. — Every bill that has passed both 
Houses of the Legislature must be pre- 
sented to the Governor, who may sign 
it or may return it unsigned with his 
objections to the same, to the House in 
which it originated. If, while the Leg- 
islature is in session, the Governor re- 
tains a bill more than three days, it 
becomes a law without his signature. 
If the Legislature adjourns before the 
three days have expired, the Governor 
must veto the bill and file his objec- 
tions with the Secretary of State with- 
in fifteen days of such adjournment, or 
the bill becomes a law. 



JUDICIAL DUTY AND POWER.— 
When a member of the militia violates 
the military laws of the state he is tried 
by a court-martial, and the Governor 
must approve or disapprove the find- 
ings of the court. As in the case of the 
President, he may use his executive 
power after he has exercised his ju- 
dicial power. 

ORDER OF SUCCESSION.— In case 
of the death, impeachment, resignation 



THE EXECUTIVE DEPARTMENT. 



33 



should die or become unable to act as 
President, then the cjffice would devolve 
on the cabinet in the order named be- 
low, excepting the Secretary of Agri- 
culture. If the Secretary of State did 
not possess the necessary qualifications 
then the office would pass to the. Secre- 
tary of Treasury, and so on. 



SECRETARY OF STATE.— The orig- 
inal copies of treaties, laws, all foreign 
correspondence, and the great seal of 
the nation are in his custody. Thom- 
as Jefferson was the first becretary of 
State. Each member of the cabinet re- 
ceives $8,000 annually. 



SECRETARY OF TREASURY.— 
He prescribes forms of keeping public 
accounts and has general supervision 
of the finances of the government. H? 
issues warrants on the Treasurer for 
money appropriated by Congress, 
There are in this department six Au- 
ditors who audit the accounts against 
the government, and a Register who is 
the book-keeper of the government, and 
two Comptrollers who examine the 
work of the Auditors. 

— 13' 



or the absence from the state, of the 
Governor, the following officers would 
succeed to the office of Governor in the 
order named: The Secretary of State, 
the President of the Senate, the Speak- 
er of the House of Representatives, the 
State Auditor and the State Treasurer. 
In order that any one of these may 
succeed to the office, he must possess 
all the qualifications required of the 
Governor. 

The Secretary of State, the Auditor, 
the Treasurer, and the Superintendent 
of Public Instruction are elected and 
hold office for four years from the first 
Monday in January next following 
their election. All other state execu- 
tive officers are appointed. 

SECRETARY OF STATE.— He must 
live and have his office in Cheyenne. 
He has custody of the laws of the Ter- 
ritory and State of Wyoming, and has 
charge of the great seal of the state. 
He must give bond in the sum of $15,- 
000 and receives a salary of $2,000. 
Amos W. Barber was the first Secre- 
tary of State. 

AUDITOR.— He audits and settles all 
accounts against the state, except 
claims that are required to be audited 
by some other officer, draws all war- 
rants upon the Treasurer, and keeps 
all accounts between the State and 
Treasurer. 

Bond, $15,000; salary, $2,000. 

TREASURER.— He has charge of all 
money belonging to the state not ex- 
pressly required to be kept by some 



34 



THE EXECUTIVE DEPARTMENT. 



SECRETARY OF WAR.— He has 
charge of the affairs of the army un- 
der direction of the President. 

He superintends the purchase and 
distribution of supplies and military- 
stores. 



ATTORNEY GENERAL.— It is his 
duty to give legal advice to the Pres- 
ident and the heads of departments. 



other officer. He must not pay out 
money without the order of the Audi- 
tar. 

ADJUTANT GENERAL. — He has 
charge of the militia under the direc- 
tion of the Governor. He has the rank 
of Brigadier General and issues all or- 
ders from the Commander-in-Chief. 
His salary is $500 per year in peace, and 
in case of riot or insurrection, the same 
as a Brigadier General of the regular 
army. 

ATTORNEY GENERAL.- He is the 
legal adviser of all state officers and 
prosecuting attorneys of the several 
counties. He represents the state in 
criminal cases before the supreme 
court. He holds office four years and 
receives $2,000 annually. 

Before his appointment he must have 
practiced four year in the courts of the 
state. 



POSTMASTER GENERAL.- He has 
general supervision of the mail. 

Dr. Franklin was appointed to this 
office in 1775 by the Continental Con- 
gress. 

SECRETARY OF THE NAVY.— 

Under the direction of the President, 
the Secretary of Navy has charge of 
all naval affairs. 



SECRETARY OF INTERIOR.— This 
department issues patents, takes the 
census and looks after public lands 
and interior affairs. 



SUPERINTENDENT OF PUBLIC 
INSTRUCTION.— The Superintendent 
is the head of the public school system. 
He receives and files all reports of 



THE EXECUTIVE DEPARTMENT. 35 

The Commissioner of Eflucation is school officers and distributes the state 

an officer of this department. He gath- schood fund to the several counties ac- 

ers statistics concerning the progress cording to the number of children of 

of education and publishes reports that school age in each. Salary, $2,000 an- 

are helpful to teachers. nually. 

SECRETARY OF AGRICULTURE. STATE VETERINARIAN. — The 

— This officer's duty is stated in the Veterinarian investigates all cases of 
law as follows: "To diffuse among the infectious diseases among uomestic an- 
people useful information on subjects imals of the state and has power to 
connected with Agriculture." quarantine and even slaughter affected 

animals. Salary $1200, term two years. 

STATE EXAMINER. — Probably no officer has more important duties than 
the State Examiner. The law requires him to have special qualifications as 
an accountant. He has supervision of the books of all officers of the state in- 
stitutions and municipal corporations and counties, and must make an examina- 
tion of the financial accounts of such officers at least twice a year. He is 
also required to investigate the financial standing of all bondsmen for county, 
municipal and state officers. He visits and examines all banks and other mon- 
eyed corporations created by state law. He holds office for four years and re- 
ceives $1,800 annually. 

STATE ENGINEER. — He supervises all matters of irrigation in the state. 
He serves for six years and receives an annual salary of $2,500. 

GEOLOGIST AND MINING ENGINEER.— This officer reports on the condi- 
tion of mines. He holds office for six years. 

STATE INSPECTOR OF COAL MINES.— This officer visits the coal mines 
of the state at least once in three months and sees that the laws of the state 
are obeyed. Term of office two years. . Salary $2,000 and necessary traveling 
expenses. 

STATE BOARD OF CHARITIES.— The Governor, the Secretary of State, 
the State Treasurer, the State Auditor and Superintendent of Public Instruc- 
tion compose the State Board of Charities and Reform. This Board has charge 
of all charitable, penal and reformatory institutions belonging to the state, and 
all county jails. The Superintendent of Public Instruction is Secretary to the 
Board. 



36 



JUDICIAL DEPARTMENT. 



BOARD OF LAND COMMISSIONERS.— This Board is composed of the 
Governor, the Secretary of State and Superintendent of Public Instruction. It 
has charge of the public lands of the state. 

STATE BOARD OF SCHOOL EXAMINERS.— The Superintendent of Public 
Instruction appoints the Board to examine teachers for profesaonal certificates 
and to prepare examination papers for the County Superintendents. 

Professor C. B. Ridgaway and Superintendent F. W. Lee of Laramie, and 
Superintendent J. O. Churchill of Cheyenne compose the Board, at present 



CHAPTER V. 
JUDICIAL DEPAKTMENT. 



NATION. 
Judicial power is vested in the Sen- 
ate, acting as a high court to try cases 
of impeachment, in the supreme court 
and inferior courts formed by Con- 
gress, and in courts-martial. 



SENATE.— When the Senate is sit- 
ting as a court the members are on 
oath to do justice. One President and 
several Judges have been impeached, 
but the Senate failed to sustain the 
Impeachment of the President. 



STATE. 
The Senate sitting as a court of im- 
peachment, the Supreme court, the Dis- 
trict courts and Justices of the Peace, 
and Police courts established by town 
councils under authority granted by 
the Legislature, exercise judicial pow- 
er. 

SENATE.— The Senate has never had 
occasion to exerc'se the judicial power 
granted it, nor can it until the House 
impeaches an offlcer. 



JURISDICTION. — Jurisdiction is the ri^ht or jiower of a court 
to hear causes and execute justice. The jurisdiction of a court is the 
liniitation jnit ujion it by the Constitution or statutes, and extends to 



JUDICIAL DEPARTMENT. 



87 



persons, places, and canses. Jurisdiction is of two kinds — appellate 
and original. The court in which a cause must originate is said to 
have original jurisdiction. The court that may review a cause de- 
cided b3' a lower court has appellate jurisdiction. When an appeal 
cannot be taken from the decision of the court, it is said to have 
final jurisdiction. \\'lien two courts have jurisdiction over the same 
causes, they are said to have concurrent jurisdiction. Either the 
statute or Constitution specifies what is the extent and kind of juris- 
diction that the different courts mav exercise. 



SUPREME COURT.— The supreme 
court is composed of a Chief Justice 
and eight associate Justices, appointed 
by the President, to serve during good 
behavior. The Chief Justice receives 
$10,500 and the associate justices |10,- 
000. 



JURISDICTION. — The supreme 
court has original jurisdiction of all 
cases that affect Ambassadors and oth- 
er foreign representatives and of cases 
to which a state is a party. 

It has appellate jurisdiction in all 
cases involving the jurisdiction of the 
court, infamous crimes, the construc- 
tion of the national Constitution, the 
constitutionality of a law of Congress 
or of a state, and the meaning of a 
treaty. 

CHIEF JUSTICES OF THE UNITED 
STATES. — John Jay served 5 years, 
John Rutledge served 3 months, Oli- 
ver Ellsworth served 3 years, John 
Marshall served 35 years, Roger B. 
Taney served 28 years' Salmon P. 



SUPREME COURT.— Three Justices 
elected by the people shall constitute 
the Supreme court. 

The term of office is eight years and 
salary $3,000. The Justice whose term 
first expires is Chief Justice, provided 
that he has been elected for the full 
term of eight years. 

JURISDICTION:— The Supreme court 
has original jurisdiction of all cases 
of quo-warranto and mandamus as to 
all state officers, and in habeas corpus. 
A Quo-warranto is a writ from the 
court requiring an officer to show by 
what authority he holds office, or re- 
quiring a corporation to show by what 
right it exercises certain powers. Man- 
damus is a writ commanding an in- 
ferior court or other officer or corpora- 
tion to perform cetain acts. 

The appellate jurisdiction of the 
court extends to all questions of which 
the District court has jurisdiction. The 
Supreme court exercises executive pow- 
er iiiappointing a clerk of the Supreme 
court, a court reporter and bailiff. 



38 



JUDICIAL DEPARTMENT. 



Chase served 9 years, Morrison R. 
Waiie served 13 years, Melville W. Ful- 
ler, the present Chief Justice, has serv- 
ed since 1888. 

CIRCUIT COURTS.— The United 
States is divided into nine circuits and 
two Judges appointed for each circuit; 
one additional Judge is appointed in 
each district except the first and 
fourth. 

The supreme court allots one of the 
Supreme Justices to each circuit; in 
reference to his circuit duties he is 
called Circuit Justice, while the other 
members of the court are called Cir- 
cuit Judges. A District Judge may act 
as a Circuit Judge. Court may be held 
by any one of these Judges, or by any 
two of them. 

These courts have original jurisdic- 
tion in civil cases where the amount 
under dispute is more than $2,000, 
and many other cases; and has ex- 
clusive jurisdiction in cases where a 
capital crime has been committed. 
This court has no appellate jurisdic- 
tion. 

A special court called the CIRCUIT 
COURT OF APPEALS has been pro- 
vided to hear appeals from the Dis- 
trict and^ Circuit courts. They may 
review many of the decisions of these 
courts and in many cases their de- 
cisions are final, as in patent, revenue 
and criminal cases. Each court has 
three judges, any two of whom con- 
stitute a quorum. The Circuit Jus- 
tice, the Circuit Judges and the Dis- 



No person shall be eligible to the of- 
fice of Supreme Judge unless he be a 
lawyer, shall have practiced at least 
nine years, including whatever time he 
may have served as a Judge of an in- 
ferior court. He must be at least thir- 
ty years of age, a citizen of the United 
States and must have been a resident 
of this state for at least three years. 

DISTRICT COURTS.— The state is 
divided into four districts and one 
Judge is elected in each district. 

The Judges serve six years and re- 
ceive a salary of $3,000. 

The District court has original jur- 
isdiction in all cases at law and in equi- 
ty and in all criminal cases and in all 
matters of probate and insolvency. 

It has appellate jurisdiction in all 
cases arising in justices and po.ice 
courts. The District Judge has power 
to appoint a court commissioner, who 
exercises some judicial powers in the 
absence of the Judge, especially in 
matters of probate. The District court 
has concurrent jurisdiction with the 
Supreme court in cases of habeas cor- 
pus. 

The Districts are as follows: Dis- 
trict number one is composed of Lara- 
mie and Converse counties; District 
number two, Albany, Natrona and Fre- 
mont; District number three, Carbon, 
Sweetwater and Uinta; District num- 
ber four, Johnson, Sheridan, Crook, 
Weston and Big Horn. 

The District Judge is requirea to be 
at least twenty-eight years of age, a 



JUDICIAL DEPARTMENT. 



39 



trict Judge of any circuit are com- 
petent to sit in this court. But the 
District Judge can sit only in the ab- 
sence or one or more of the other 
judges. The salary of a circuit judge 
is $6,000. 

DISTRICT COURT.— The United 
States is divided into seventy-five dis- 
tricts, but only seventy-three District 
Judges have been appointed. This 
court has original jurisdiction over 
■civil cases where the amount involved 
is less than $2,000, and over many of 
the crimes committed under the law 
of the nation. Salary of District 
Judge is $5,000. 

COURT OF CLAIMS.— ^This court 
was created to try certain claims 
against the United States. When this 
court finds the government owes a 
certain claim, congress must appro- 
priate the amount of the claim before 
it can be paid. 

The executive officers of the differ- 
ent courts are the marshal, the clerk, 
and the court reporters. The marshal 
serves the writs and subpoenas and 
brings criminals into court; he is ap- 
pointed by the President. 

The Clerk, who is appointed by the 
court, keeps a record of all cases 
brought before the court, and the dis- 
position made of the same. The court 
reporter is appointed by the court. It 
is his duty to report and publish the 
decisions of the court. 



lawyer, a citizen of the United States, 
and a resident of the state at least two 
years next preceding his election. 

JUSTICE COURTS.— These courts 
have concurrent jurdiction with the 
District court in all civil cases where 
the amount in controversy does not ex- 
ceed $200, and in all breaches of the 
law less than felony where the penalty 
does not exceed $100 fine and six 
months' imprisonment in the county 
jail. 

A felony is an offense that may be 
punished by death or imprisonment in 
the penitentiary; all other offenses 
are misdemeanors. 

One Justice of the Peace in any 
municipal corporation must be desig- 
nated as Police Justice. 

Cheyenne may designate two. 



40 COUNTY AND MUNICIPAL OFFICERS. 



CHAPTER VI. 
COUNTY AND MUNICIPAL OFFICERS. 

CLASSIFICATION OF COUNTIES. 

Coimties are divided into four classes, according to the assessed 
valuation of property. All counties having an assessed valuation of 
over 15,000,000 are counties of the first class. Laramie county is the 
only one in the first class. Counties whose assessed valuation is be- 
tween 12,500,000 and |5,000,000 belong to the second class. Albany, 
Carbon, Sweetwater and Uinta counties are in the second class. All' 
counties having a valuation of more than |1,440,000 and less than 
12,500,000 belong to the third class. Crook and Sheridan counties are 
in the third class. When the valuation of a county is less than |1,- 
440,000 it is in the fourth class. The counties ,of the fourth class are 
Big Horn, Johnson, Fremont, Natrona and Weston. 

As the valuation changes, the classification must also change. 

CLERK. — Tiie County Clerk acts as the clerk of the Board of Commission- 
ers. He issues and keeps a record of all licenses. He issues warrants on the 
County Treasurer, but such warrants must be signed by the Chairman of the 
Board of Commissioners and countersigned by the Treasurer. Deeds and mort- 
gages are recorded in his office. The salary of the clerk is as follows: In coun- 
ties of the first and second classes, $1,800, and in counties of the third and fourth 
classes, $1,200. In counties of the second, third and fourth classes the County 
Clerk must perform the duty of the Clerk of the District Court. He serves two 
years. 

CLERK OF THE COURT.— This clerk keeps a record of all cases commenced 
in the District Court, issues all writs and summons, and records all judgments. 
Salary, $1,200. When the County Clerk acts as ex-officio clerk of the court he 
receives no extra compensation. 



COUNTY AND MUNICIPAL OFFICERS. 41 

COMMISSIONERS.— The Commissioners are the law-making body of the 
county. In levying taxes and appropriating money, they exercise legislative 
power. In auditing bills, they exercise executive power. The Board of Com- 
missioners is composed of three men, two of whom are elected at each general 
election, one for two years and one for four years; in counties of the fourth 
class, when the people have decided by vote to elect two commissioners, one 
every two years, the Clerk becomes ex-officio member of the Board. The Com- 
missioners lay out and build roads, erect public buildings, and have general con- 
trol of the interests of the county. Salary, $200 with $5.00 for each day actually 
employed, and traveling expenses. 

SURVEYOR. — The Surveyor makes all surveys for the county and is re- 
quired to keep in his office a plat and record of all official surveys made by him. 
He is elected for two years and receives eight dollars per day while employed 
by the county. He may also act for private individuals. 

SUPERINTENDENT OF SCHOOLS.— The Superintendent must make report 
of the condition of the schools in his respective county to the Superintendent of 
Public Instruction. He distributes the school funds to the various districts in 
his county . He may change boundaries of districts. He examines teachers and 
holds the teachers' institute. Term of office, two years. Salaries in counties of 
the first class, $600; of the second class, $500; of the third class, $400; of the 
fourth class, $300. 

SHERIFF. — It is the Sheriff's duty to preserve the peace, to serve and exe- 
cute all processes, writs, precepts and orders issued by any court of record in 
his county. He holds office for two years and receives in addition to certain 
fees the following salary: In counties of the first class, $1,800; of the second 
class, $1,500; of the third, $1,500; of the fourth, $1,200. The Sheriff also obeys 
orders from the court of the Justice of the Peace. 

COUNTY AND PROSECUTING ATTORNEY.— It is this officer's duty to ap- 
pear for the county or state in cases tried in the district court when his county 
or state is a party to the case. He is the legal adviser of all county officers. 
He is elected for two years and receives the followimg salary: In counties of 
first class, $1,500; of the second class, $1,200; of the third class, $800; of the 
fourth class. 



TREASURER. — The Treasurer has charge of the county funds, which he 
pays out on the order of the County Commissioners, as certified by the Clerk. 
He collects the taxes and keeps account of all receipts and expenditures. Treas- 



42 COUNTY AND MUNICIPAL OFFICERS. 

urers receive the following salaries: In counties of the first class, $1,800; of 
the second class, $1,500; of the third and fourth classes, $1,000. Term of office, 
two years. Treasurers can hold office for only two consecutive terms. 

ASSESSOR. — The Assessor makes a list of all taxable property at its full 
market value, unless a limit has been put upon the valuation by the State 
Board of Equalization, and takes a census of his county, and reports to the 
County Commissioners. He is elected for two years and his salary depends upon 
the assessed valuation of taxable property in his county. 

CORONER. — When the sheriff becomes a prisoner in the jail of his own 
county the Coroner has charge of the jail. When the Sheriff is a party to a 
case, the Coroner performs all the duties of the Sheriff pertaining to this par- 
ticular case. When a person dies by violence, or when cause of death is not 
known, the Coroner holds an inquest and inquires into the manner and cause of 
death. He must summon a jury of three persons to assist him. He serves two 
years and receives five dollars a day and mileage for every day employed 
as Coroner, and when he acts instead of the Sheriff, he receives the same fees 
as the Sheriff. 

JUSTICE OF THE PEACE.— The County Commissioners determine the 
number of Justices to be elected in their respective counties. In precincts hav- 
ing more than fifteen hundred inhabitants the Justice receives a stated salary 
that varies with the population, but all other Justices receive fees for the per- 
formance of fheir official duties. 

CONSTABLE. — The Constable holds the same relation to the Justice's 
Court that the Sheriff holds to the District Court. 

The foregoing county officers are elected in even years to serve for two 
years. A vacancy in a county office is filled by appointment by the Commis- 
sioners, and the person so appointed serves for the remainder of the unexpired 
term. 



OFFICERS OF TOWNS AND CITIES. 

All legislative power of the state is vested in the state govern- 
ment. Frequently the needs of a certain part of the state become 
so various and complex because of its increasing business and popula- 
tion that the legislature incorporates it as a city or town; that is. 



COUNTY AND MUNICIPAL OFFICERS. 43 

gives it government with power to legislate upon questions of local 
importance, and power to execute the laws. This government can 
exercise delegated power only, and the state may change or abolish it 
altogether. 

Several cities have charters which were granted by the territorial 
legislature, and the state legislature has passed several general laws 
for the government of cities and towns; hence there is some con- 
fusion in the laws. A prominent member of the legislature says 
that when enacting the new laws the legislators were not aware that 
some of these old laws existed, and that they will be repealed at the 
next session of the legislature. 

In most cities and towns the Major and Council are the only 
elective officers. The other officers are appointed by the Mayor with 
the consent of the Council. 

MAYOR. — ^The Mayor is the chief executive oilicer of the city or town. He 
presides at the meetings of the Town Council and has a vote in case of a tie. 
He has the power to remit fines or commute sentences, and to fill all vacancies 
in city offices. 

COUNCIL. — The Council is the legislative branch of municipal government 
It has power to levy taxes and appropriate money for the improvement of 
streets and for other purposes that pertain to the general welfare. 

CLERK. — The Clerk has custody of all laws and ordinances and acts as 
secretary to the Council. He issues all warrants on the Treasurer. 

MARSHAL. — ^The Marshal has control of the police and makes arrests for 
disturbances of the peace. He is the chief officer to execute orders of the police 
justice. 

TREASURER. — The Treasurer has charge of all moneys belonging to the 
incorporation. He collects the taxes due the city. 



. SCHOOLS. 

DISTEIC^T MEETING.— The District Meeting is the most demo 
ciatic institution in Wyoming. This is a limited form of the "town 



44 MISCELLANEOUS PROVISIONS. 

meeting" of New England. All electors of the district may attend 
the district meeting and take part in the discussions and vote upon 
all questions submitted for decision. This meeting levies the srchool 
taxes and decides the purposes for which the money shall be appio- 
priated. At this meeting members of the District Board of School 
Trustees are chosen. 

BOARD OF TRUSTEES.— The Board chosen at the District Meetirs has 
executive power to carry out the decision of the electors as expressed at the 
District Meeting, to elect teachers, to make contracts and perform any ether 
duty required of them by the District Meeting. 



CHAPTER VII. 

MISCELLANEOUS PROVISIONS. 

SUFFRAGE. 

"The crowning fact, 
The kingliest act 
Of freedom is the free man's vote." — Whittier. 

Those persons that vote for the members of the House of Rejire- 
sentatives of the State Legislatures are electors for the election of 
national officers. The only restriction jiut upon the state is found in 
the fifteenth amendment to tlie National Constitution, which for- 
bids the restriction of suffrage ''on account of race, color, or previous 
condition of servitude." In general every person that can read the 
Constitution, that is twenty-one years of age and a citizen of the 
United States, that has been a resident of the state for one year and 
of a county sixty days has the right of suffrage. The only persons 



MISCELLANEOUS PROVISIONS. 4,5 

denied the ri«;lit are idiots, insane persons, and persons convicted of 
criiiie. who have not been restored to citizenship. 

ELECTION. 

The national government leaves the control of the election of 
])residential electors and representatives to the state in which the 
election is held. In this state the election for state and national of 
fleers is held on the first Tuesday after the first Mondav in November 
in even years. Before an elector may exercise his right of sulTrage. 
he must appear before the registry agent and have his name enrolled 
as a qualified elector of the district in which he lives. If he wagers 
on the election he forfeits his right to vote. All officers elected at a 
general election take their oflflce on tlie first Monday in January next 
following. 

The Australian ballot is used in Wyoming, as well as in a major- 
ity of the other states of the Union. This ballot contains all the 
party tickets. The party having the largest vote at the last preceding 
election in a given county has its ticket first on the ballot, the other 
party tickets follows in the same relative order. When an elector 
enters the voting place he is given a ballot wiiich he must mark in 
secret and hand to one of the judges of the election, who deposits it 
in the ballot box. This ballot gets its name from a similar ballot 
used in Australia. Its special features are its secrecy, its having the 
tickets of all parties on the one ballot, and the voter's designation of 
his choice of party or candidate by a cross. 

We liold these truths to be self-evi- Sec. 2. In their inherent right to 

dent, that all men are created equal, life, liberty, and pursuit of happiness, 
that they are endowed by their Creator all members of the human race are 
with certain unalienable rights, that equal, 
among these are Life, Liberty and the 
Pursuit of Happiness. — Declaration of 
Independence. 



46 MISCELLANEOUS PROVISIONS. 

When the Declaration of Independence was written, the word 
men did not include the neg:ro. According to this quotation no man 
could sell his liberty and voluntarily become a slave. 



WATER RIGHTS. 

The water of all natural streams, springs, lakes or other collections of 
still water, within the boundaries of the state, are hereby declared to be the 
property of the state. 

The legislature shall by law divide the state into four (4) water divisions, 
and provide for the appointment of superintendents thereof. 

The above sections of the Constitution are considered to be 
among the most important provisions. They prevent corporations 
from obtaining control of natural streams and charging exorbitant 
rates for water. The Board of Control, consisting of four Superin- 
tendents of Water Divisions, and the State Engineer, who is ex-officio 
President of the Board, has control of these streams so far as relates 
to water for irrigating purposes. 



CORPORATIONS. 

The Legislature is empowered to i)rovide for the organization of 
corporations by general law. The State reserves the right to with- 
draw privileges granted to corporations and to change the laws gov- 
erning the same when the general welfare demands. A corporation 
can engage in one kind of business only. 

THE UNIVERSITY OF WYOMING. 

The University of Wyoming, located at Laramie, was founded by 
act of the Legislature of the Territory of Wyoming in 1886. The Uni- 
versity was formally opened in the fall of 1887. By the Constitution 
the University was adopted by the state. The University comprises 



MISCELLANEOUS PROVISIONS. 4J 

seven different schools and colleges and offers students the choice of 
ten courses. Elmer E. Smiley, D. D., is the President. 

EDUCATION. 

The Constitution provides for a permanent school fund and its 
investment, and also provides that all fines and penalties under gene- 
ral laws shall belong to the school fund of the county in which the 
line was assessed and shall be used for current expenses. 

So much has been said about the meaning of Section 12 of Article 
VII, that it was deemed wise to get an authoritative statement from 
members of the convention, as to their intention in adopting the fol- 
lowing sections: 

Sec. 12. No sectarian instruction, disGualifications or tests shall be im- 
parted, exacted, applied or in any manner tolerated in the schools of any grade 
or character controlled by the state, nor shall attendance be required at any re- 
ligious service therein, nor shall any sectarian tenets or doctrines be taught 
or favored in any public school or institution that may be established under 
this Constitution. 

Sec. 18. The free exercise and enjoyment of religious profession and wor- 
ship without discrimination or preference shall be forever guaranteed in this 
state, and no person shall be rendered incompetent to hold any office of trust 
or profit, or to serve as a witness or juror, because of his opinion on any matter 
of religious belief whatever; but the liberty of conscience hereby secured shall 
not be so construed as to excuse acts of licentiousness or justify practices in- 
consistent with the peace or safety of the state. 

OPINION OP JUDGE BROWN. 

In construing the foregoing sections of our Constitution, it is be- 
lieved wise to present them together. In considering these provisions 
we may well remember that the prevailing religion in our state and 
the United States is the Christian religion. The preamble of our 
Constitution expressly acknowledges our obligation to God for our 
civil and religious liberties. These sections, then, are not in our Con- 
stitution for the purpose of suppressing or in any manner retarding 



48 



MISCELLANEOUS PROVISIONS. 



tlie cause of Christiau religion. The aim and objeet was to establish 
religious freedom and equality, and to prohibit legislation that would 
give controlling ])ower to any sect. Remembering, then, that these 
sections are not a restraint ujjon religious belief or worship, but to 
place all sects and shades of belief upon an equal footing, let us con- 
sider the meaning more especially of the latter section as applied to 
public schools. 

Judge Cooley, in discussing these matters in a general way, says: 
'*iS"o man in religious matters is to be subjected to the censorship of 
the State or of any public authority, and the State is not to inquire 
into or take notice of religious belief when the citizen performs his 
duty to the state and to his fellows. There is not religious liberty 
where any one sect is favored by the State and given an advantage by 
law over other sects." 

Speaking upon the same general subject, but referring more par- 
ticularly to the Constitution of the United States, Judge Storey said : 
"It was under a solemn consciousness of the dangers from ecclesi- 
astical ambition, the bigotry of spiritual pride and the intolerance of 
sects exemplified in our domestic as well as in foreign annals, that it 
was deemed advisable to exclude from the national government all 
power to act upon the subject. The situation, too, of the different 
states equally proclaimed the policy as well as the necessity of such 
an exclusion. In some of the states Episcopalians constitute the pre- 
dominant sect, others Presbyterians, in others Congregationalists. in 
others Quakers; in others again there was a close numerical rivalry 
among contending sects. It was impossible that there should not 
arise perpetual strife and perpetual jealousy on the subject of eccle- 
siastical ascendency if the national government were left free to 
create a religious establishment. The only security was in extir- 
pating the power." 

The Christian religion as accepted by Constitutions in our coun- 
try furnishes the great moral fiber among our people and guarantees 



MISCELLANEOUS PROVISIONS. 4-9 

the good order of societ,y. While the Christian religion receives the 
endorsement and support of the mass of the American people, sec- 
tarianism is to most of them abhorrent. So when we saj in our Con- 
stitution, no sectarian instruction, qualifications, or tests shall be im- 
parted, exacted, applied, or in any manner tolerated in the schools 
of our state, we are not striking at the Christian religion, but we seek 
to make sectarian control absolutely impossible; and when we say 
that sectarian tenets or doctrines shall not be taught or favored in 
any public school, we mean to place the whole question just where 
our fathers did. We meant respect for religion but intolerance for 
sectarianism. 

Means for the support of our public school system is contributed 
in like proportion by all the people of the state, no matter what their 
religious beliefs and peculiarities. Entirely just, then, this section ot 
our Constitution that prohibits the use of the public funds, gener- 
ously contributed alike by all, from being used to aid any particular 
sect or denomination; but it will be observed that this section con- 
tains one other peculiar provision, which reads as follows: "Nor 
shall attendance be required upon religious service therein.'' Thus it 
is manifest that your Constitution makers intended that there should 
!>e some religious service in the schools of your state, but that no 
pupil should be required or compelled to attend or take part in these 
religious services. The parents of children can require their attend- 
ance at these religious services, or they can direct their children not 
to attend such services. 

It is believed that the great mass of the people of our State de- 
sire some religious training in the schools of the State, The Consti 
tution makers therefore believed it wise, in the interest of good mor- 
als and the good order of societ.y, to promote religious exercises in 
our schools that would be acceptable to the great mass of our people, 
but leaving it optional with the parents to restrict their children in 

-(4) 



50 MISCELLANEOUS PROVISIONS. 

attendance if they choose. This is believed to be the fair ineaninj^ and 
construction to be given to the latter section. 

To what extent, then, may there be religious instruction? There 
can he no sectarian instruction — that means partisanship. Is relig- 
ious instruction possible without the element of sect being injected? 
It is believed that the warp and woof of the teachings of our Savior 
may be interwoven into our educational system, and the moral liber 
of the pupil strengthened, and sectarianism avoided. In the Sermon 
on the Mount and the Lord's Prayer surely can be found no sectarian- 
ism. Using these as a guide, it is believed that the highest moral les- 
sons may be taught in our schools from the Bible not only without 
violating the Constitution, but in obedience to its injunctions. 

M. C. BROWN, 
President of the Convention that Prepared the Constitution. 

Other members of the convention that were consulted agree in 
this statement by Judge Brown. 

Treason against the United States shall consist only in levying war against 
them or adhering to their enemies, giving them aid and comfort. — U. S. Con- 
stitution. 

Treason against the state shall consist only in levying war against it, or in 
adhering to its enemies, or in giving them aid and comfort. — Constitution of 
Wyoming. 

In the Constitution of the United States treason against the state 
was recognized as possible, and it was provided that ''A person 

charged in any state with treason fleeing to another state, shall 

be delivered up to the state having jurisdiction of the crime." 

It is now held that treason against the state is impossible, since any 
one guilty of treason against a state by the same act would be guilty 
of treason against the nation, and that the federal courts would have 
jurisdiction of the case. No one has ever been convicted of treason in 
the United States. 



MISCELLANEOUS PROVISIONS. 51 

ALIENS' RIGHTS. — The constitution jiives resident aliens tlie 
right to hold property on the same conditions that govern tlie rights 
of citizens, but nothing is said in the constitution or laws about non- 
resident aliens. 

f 

RIGHT OF EMINENT DOMAIN.— The doctrine that was held 
during the Feudal age was that the government owned all the land 
and the individual could not' sell his real estate, but the rulei- might 
take it for his own use or might give it to someone else. As the peo- 
ple gained rights they began to limit the power of the government 
over real estate. By the constitution of Wyoming, real property can 
be taken for public purposes or for private uses of necessity and for 
reservoirs, drains, flumes, or- ditches, but in either case the owner 
must receive due compensation for his property. 

COMMON CARRIERS.— The constitution declares that all cor- 
porations engaged in the transportation of persons, property, mineral 
oils, and mineral products, are common carriers. A common carrier 
must carry the property of all citizens without discrimination. 

AMENDMENTS.— By a two-thirds AMENDMENTS.— A proposition to 

vote of each house, Congress may pro- amend the Constitution may be made 
pose amendments to the Constitution. in either branch of the Legislature. 
Or if the legislatures of two-thirds of If the same shall be agreed to by two- 
the several states request it, Congress thirds of all the members of each 
must call a constitutional convention House, it shall be submitted to the peo- 
to propose amendments. Before any pie at the next general election. If the 
amendment may become a part of the majority of the electors vote for the 
Constitution, it must be ratified by proposed amendment, it becomes a part 
three-fourths of the states. of the' Constitution. When two-thirds 

The Constitution further provides of the members of each House vote to 
. that no amendment shall deprive a call a constitutional convention, they 
state of equal representation in the must submit the measure to the people 
Senate without its consent. for their consideration, and a majori- 

ty of the electors must vote for the 
bill before a constitutional convention 
can be held. This follows the princi- 
ple o'f the referendum. 



52 POWERS OP CONGRESS. 

There are many provisions of the Constitution that were neces- 
sary when the State government was first erected, but now they are 
obsolete. If a new Constitution should be made, most of them would 
be omitted. Therefore they have been omitted from this book. 



CHAPTER VIII. 

POWERS OF CONGRESS. 



All legislative powers herein granted shall be vested in a Congress of the 
United States, which shall consist of a Senate and House of Representatives. — 
Article I, Section 1, Constitution of United States. 

The Constitutional Convention provided for the legislative 
branch before discussing the executive branch of the government. 
After having made the above declaration, the Convention gave the 
President legislative power. Congress really consists of three bodies, 
the Senate, the House of Representatives and the President. The 
three are not co-ordinate in power, since the Senate and the House 
may pass a bill over the President's veto. Again, the President and 
Senate have legislative power; the Constitution gives to them the 
power to make treaties, which the Constitution declares to be a part 
of the supreme law of the land. The House has the exclusive right to 
originate revenue bills. The Constitution specifies the subjects con 
cerning which Congress might legislate. 

l-uder the head "Congress shall have power," there are eighteen 
clauses specifying to what subjects the legislative power extends. 

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts 
and provide for the common defence and general welfare of the United States; 
but all duties, imposts and excises shall be uniform throughout the United 
;States ; 



POWERS OF CONGRESS. 53 

Money is absolutely necessary to the etfective existence of any 
government. Mr. Fiske says, that organization which levies and col- 
lects taxes is the government. The absence of the power to collect 
taxes was the weak part in the government under the Articles of 
Confederation. Of the four words, taxes, duties, imposts, and excises, 
the first is the most general; taxes are divided into two classes, direct 
and indirect. The supreme court has decided that direct taxes are 
of two kinds only: "(a) those on real property, and (b) capitation or 
poll tax." All other taxes are indirect. Duties are the taxes levied 
on imported goods; and excises are taxes levied on goods manufac- 
tured at home; in the United States, internal revenue is generally 
used instead of excise. 

"The tax is levied by the consent of many; the impost is imposed 
by the will of one." Any tax levied by Congress upon the inhabitants 
of a territory or colony is an impost, since it is levied by the will of a 
government in which the territory has no voice. 

2. To borrow money on the credit of the United States: 

In time of peace, the expenditures of the government ought not 
to exceed its income. Nor should its income be greatly in excess of 
its necessary expenditures, for the accumulation of a surplus in the 
treasury often leads to extravagance and sometimes to fraud. But 
in case of war the power to borrow money is necessary. Jefferson 
wanted the Constitution amended so that Congress could not borrow 
money. 

The government has two ways of borrowing, first by issuing 
bonds which it sells to anyone who will buy, and by issuing a paper 
currency which it compels its creditors to accept. 

3. To regulate commerce witli foreign nations, and among the several 

states, and with the Indian tribes: 

The experience of the states, when each state regulated its own 
commerce, had led to the Constitutional Convention. Each would 



54 POWERS OF CONGRESS. 

discriminate against all the others in matters of tariff. No wiser 
clause is found in the Constitution. The free commercial intercourse 
between the states has been the cause of the material prosperity of 
our country. 

4. To establish a uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States. 

Naturalization is the act whereby a foreigner is made a citizen. 
Citizenship is not defined either by constitution or statute of the 
state or nation. Attorney General Bates has given the following 
definition: "A citizen is a member of the body politic, bound to alle- 
giance on the one side, and entitled to protection on the other." Citi-. 
zens are of two classes, native-born or naturalized. The children of 
citizens of the United States are citizens of this country whether 
born at home or in some foreign land. The children of naturalized 
persons become citizens by the same act of naturalization, provided 
they are not yet twenty-one and are residing in the United States. 
Only white people and persons of African descent or nativity can be- 
come citizens of the United States. 

To become a citizen of the United States the foreigner must de- 
clare upon oath "his purpose to become a citizen of the United States 
and to renounce all allegiance to any foreign prince or state." Two 
years after this declaration, provided he has been a resident of the na- 
tion live years and of the state one year, he nia}^ apply for admission 
to citizenship, but he must renounce all allegiance to his prince or 
state. The President and Senate have negotiated treaties with sev- 
eral foreign countries for the protection of naturalized citizens and 
their property, <but if oue returns to his former country, a two years' 
residence is held to be a renunciation of his naturalization. 

Bankruptcy is the legal discharge from debt. While it frees a 
person from his financial obligations and enables him to begin busi- 
ness again, it does not release him from his moral obligations. Bank- 
rupt laws are not very popular and are only passed in cases of panics 



POWERS OF CONGRESS. 55 

aud ai-e soon repealed. Only four bankrupt laws have been passed 
by Congress. These four laws have covered a period of eighteen years. 
The law which went into efiect in 1898 has not yet been repealed. 

5. To coin money, regulate the value thereof and of foreign coin, and fix 
the standard of weights and measures: 

A uniform system of money has increased commerce between 
the states. In Article I, Section 10, the states are forbidden to "make 
anything but gold and silver coin a tender in payment of debts," or 
to "coin money." In 1792 an act carrying out the provisions of this 
clause was passed. On the suggestion of Jefferson the decimal no- 
tation was adopted and the dollar became the unit. All coins less 
than one dollar in value are called subsidiary. 

While Congress is given the power to fix the standar<Js of weights 
and measures, the same power is not denied to the state, hence there 
is lack of uniformity. Wyoming has adopted the standards as fixed 
by the general government. 

6. To provide for the punishment of counterfeiting the securities and coin 
of the United States: 

The penalty for making or passing counterfeit coin, bank-notes, 
greenbacks, bonds, etc., is a fine not exceeding |5,000 and imprison- 
ment not exceeding fifteen years. 

7. To establish post offices and post roads: 

The importance of a postal service was recognized as early as 
1775, when the Continental Congress established a postal depart- 
ment and appointed Benjamin Franklin Postmaster General of the 
United Colonies. The Articles of Confederation gave Congress real 
power over postal affairs. 

All postmasters receiving a salary of |1,000 or over are appointed 
by the President and confirmed by the Senate. All others are ap- 
pointed in the Postmaster General's department, and "receive the 



56 POWERS OF CONGRESS. 

rents from boxes,and a percentage on the sale of stamps and other 
ofifice receipts." 

8. To promote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors, the exclusive right to their respective 
writings and discoveries. 

Copyrights are granted to authors; and patents, to inventors. 
Books, pictures, charts, etc., whatever their character, can be copy- 
righted. The copyright gives an author exclusive right to publish hii> 
production for twenty-eight years. At the expiration of this period^ 
the copyright may be renewed for fourteen years longer. 

Any invention may be patented for a period of seventeen years, 
and the period may be extended seven years by the Commissioner of 
patents, provided the patentee has "failed to receive a suitable re- 
turn for his time, ingenuity and expense." 

9. To constitute tribunals inferior to the supreme court: 

Congress has established the Circuit and District Courts, the 
Court of Claims, and the Circuit Court of Appeals. These courts 
have been discussed in the chapter on the judiciary. 

The court-martial was established to try offenders against mili- 
tary law and belongs to military rather than to the civil government. 

10. To define and punish piracies and felonies committed on the high 
seas, and offences against the law of nations: 

Piracy is robbery on the high seas. Felony on the high seas has 
never been defined by Congress. 

11. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water: 

One of the interesting facts brought out by the Spanish-American 
war is, that the President may veto a declaration of war. Of course 
the resolution declaring war may be passed over the President's veto, 
but a war declare.d in such a manner would not be carried on very 
efifectively, when the commander-in-chief was opposed to it. 



POWERS OF CONGRESS. 57 

Marque is the boiiiidaiy of a country. Letters of marque and 
reprisal are commissions held by citizens of one country to cross the 
boundary of another and seize persons and property. The word re- 
prisal suggests that the letters are granted against a country that has 
done some injury to the government granting the same. But acts 
coming under this clause are repugnant to American principles, and 
our nation h^ taken advaaced grounds on privateering. The orders 
of the President in the last war are indicative of American feeling 
upon the question. They are as follows: 

"In the event of hostilities between the United States and Spain, 
it will be the policy of this government not to resort to privateering. 
The government will adhere to the following rules: 

''First, neutral flag covers enemies' goods, with the exception of 
contraband of war; 

"Second, neutral goods not contraband of war are not liable to 
confiscation under enemies' flag; 

"Third, blockades, in order to be binding, must be effective." 

12. To raise and support armies; but no appropriation of money to that 
use shall be for a longer term than two years: 

Without the power to raise and support an army the power to 
declare war would be useless. That the army may be effective in 
time of war, a small standing army in time of peace is necessary. 
From 1866 to the late war the standing army numbered 25,000 men, 
but the war in the Philippines has made an increase in the number 
necessary. Under the advice of Hamilton, a military training school 
was established at West: Point. 

13. To provide and maintain a navy: 

The navy has always been the pride of the American people and 
it has been much easier to build up a large and effective navy than 
to increase the standing army. When George Bancroft was Secre- 



o8 POWERS OF CONGRESS. 

tary of the Navy he induced Congress to establish the Naval Academy 
at Annapolis. 

14. To make rules for the government and regulation of the land and 
naval forces: 

This clause put the army and navy under the control of civil au- 
thorities, and lessens the dangers of a standing army. The Consti- 
tution of W^^oming makes the same provis'ion in the following words: 
''The military shall ever be in strict subordination to the civil power." 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions: 

Since it has been the policy of the nation to have a small stand- 
ing army, it was necessary to provide for some speedy method of re- 
cruiting the arm}' with trained men, when an emergency demanded 
immediate action. In the war with Spain the greater part of the vol- 
unteer portion of the army was recruited from the militia of the states. 
In the war of 1812, some of the states claimed that the militia could 
not be called into the service of the United States until their section 
of the country was invaded, but in 1898 not a state made such a claim. 

16. To provide for organizing, arming, and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the states respectively the appointment of the offi- 
cers, and the authority of training the militia according to the discipline pre- 
scribed by Congress: 

A law passed in 1795 gave the President power to call out the 
militia at his own discretion. "While in actual service, the militia are 
paid the same as the regular troops and are subject to the same 
rules." Every able-bodied -male citizen of the United^States betwei'u 
the ages of 18 and 45 may be required to do military duty as a member 
of the militia. 

17. To exercise exclusive legislation, in all cases whatsoever, over such dis- 
trict (not exceeding ten miles square) as may, by cession of particular states, 



POWERS OF CONGRESS. 59 

and the acceptance of Congress, become the seat of government of the United 
States; and to exercise like authority over all places purchased, by the consent 
of the legislature of the state in which the same shall be, for the erection of 
forts, magazines, arsenals, dock yards, and other needful buildings: 

(\)ngress exercises absolute authority over the District of Co- 
lumbia. The residents have no right to vote nor any voice in the 
government of, the district; the I'lesident is the chief executive and 
Congress is the only legislative body, yet Washington is one of the 
best ruled cities in the veorld. 

18. To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this Con- 
stitution in the government of the United States, or in any department or 
officer thereof. 

This clause is the most important of the eighteen clauses and has 
caused more discussion than all the rest of the Constitution. This 
clause has made political parties possible. Two words of the above 
clause have caused all the discussion. One class of statesmen ar- 
gued that a law must be absolutely necessai-i/ to be constitutional, 
while another class held that a law which is proper is constitutional. 
Jefferson and Madison were strong advocates of the doctrine that 
the government could do just what the constitution said it might do, 
and nothing else. The constitution gave Congress power to establish 
post-roads, but it did not say anything about building roads, there- 
fore with a strict construction of the constitution Congress could es- 
tablish a post-road over the Allegheny mountains but could not pay a 
man for "blazing" a way through the forest; again, it could estab- 
lish a post-road oyer the Rocky Mountains, but could not aid in the 
building of the Union Pacific. Men who have held this belief have 
been called ''strict constructionists." 

Hamilton w^as the author of the doctrine of implied powers. He 
held that the power to establish a post-road carried with it the power 
to build the road. Those who have agreed with him have been called 
"loose constructionists.'" 



gQ HISTORY OF CONSTITUTIONAL CONVENTION. 

These tests have been applied to every clause in this section of 
the constitution. But the party in power has always conducted the 
government on loose-construction principles, while the party out of 
power has stood for strict-construction principles, no matter what 
had been its previous belief. 



CHAPTER IX. 

A HISTORY OF THE CONSTITUTIONAL CONVENTION AND 

EVENTS LEADING UP TO IT. 

The history of the making of the Union begins in 1754 and con- 
tinues until there was a real ITnited States in 1898, when North and 
South stood shoulder to shoulder under one flag fighting a common 
foe. It took this country more than a century and a half to attain 
national self conscionsness, to establish an imperishable republic. 

Benjamin Franklin, editor of the Pennsylvania Gazette, began 
early to make vigorous appeals to the colonies to unite, but not until 
1754, when France threatened the safety of the country, was there 
any effort made to form a union. Delegates from seven colonies met 
at Albany, New York, and adopted a plan of union which was pro- 
posed by Franklin. It was rejected both by colonial assemblies and 
by the King, each thinking that it gave too much power to the other. 
Yet Franklin did not despair. He knew that in the union of the colo- 
nies lay the power to compel England to respect our rights, while 
men of England were dreading "American union as the keystone of 
independence." 



HISTORY OF CONSTITUTIONAL CONVENTION. 61 

In 1765 a congress composed of delegates from nine states met in 
New York and asserted the right of self government in these words : 
"That the people of these colonies. . . .from their local circumstances 
cannot be represented in the House of Commons .... and no taxes can 
be constitutionally imposed on them except by their respective legis- 
latures." In 1774 the first Continental Congress met in Philadelphia. 
Fifty-five delegates were .present from twelve colonies, Georgia not 
being represented. They adopted a "Declaration of Colonial Rights" 
that stated pointedly the differences between the colonies and the 
mother country. But this congress went one step further. They en- 
tered into an agreement not to import British goods nor to export 
any of the products of the colonies to Great Britain until their wrongs 
should be redressed. This was the first definite step towards union. 
It was in session from September 5 to October 26. John Adams called 
it "The memorable League of the Continent in 1774 which first ex- 
pressed the sovereign will of a free nation in America." 

The second Continental Congress, which met May 10, 1775, was 
composed of representatives from all the colonies. "This second con- 
gress remained, in name at least, in perpetual session until it was 
succeeded by the Congress of the Confederation, nearly six years 
later (March, 1781)." This was a revolutionary body exercising pow- 
ers that had never been delegated to it, but were demanded by the 
public exigenc}^ Dr. Von Holtz has said: "Until the adoption of 
the Articles of Confederation by all the states, Congress continued a 
revolutionary body, which was recognized by all the colonies de jure 
and de facto (by law and in fact) the national government, and as 
such came into contact with foreign powers, and entered into engage- 
ments, the binding force of which on the whole people has never 
been called in question." 

In June, 1776, two committees were appointed — one to draft a 
declaration of independence, and the other to outline a scheme of 
government. The last committee reported in four days, and the first 



(52 HISTORY OF CONSTITUTIONAL CONVENTION. 

constitution for the whole country was adopted by Congress and sub- 
mitted to the states for ratification. But not until 1781 was it ratified 
by the thirteenth state, Maryland being the last, she having refused 
to ratify until the states owning the large territory in the northwest 
should cede it to the national government, an act for which the state 
of Maryland deserves much credit. 

This constitution has been called the Articles of Confedeiation be- 
cause it founded a confederacy and not a national government. This 
attempt at constitutional government is noted more for what it failed 
in doing than in what it succeeded. Congress was the only govern- 
mental body; it was really limited to advisory power, it had some 
judicial power affecting matters in which states were involved, and 
in some cases it could execute its laws; for instance, it could buy pro- 
visions for the army if it had money or credit. It could levy but could 
not collect taxes. It could vote an army but could not enlist men. 
It could negotiate treaties but could not enforce them. It could not 
deal with the individual, but beg the state to meet its humble peti- 
tions for men and money. 

This being the state of affairs, when peace was declared in 1783, 
the country lost respect for the government — ''its glory was depart- 
ed, and its days of labor done.'' Fourth and fifth rate men were 
elected members; sometimes states actually neglected to elect their 
delegates and many failed to attend. It took three months to get a 
quorum to ratify the treaty of peace, and it was "with the greatest 
difficulty that delegates enough could be brought together in 1788 
to set the government created by the constitution in motion." There 
were not enough present to formally adjourn when the end came and 
the old government fell to pieces and the country had no central gov- 
ernment from October, 1788, to April, 1789. 

Being more than a century from this early period, it seems to 
us that all must have been harmony and good will among the states. 
But the opposite was too plainly true. The states were on the ])oint 



HISTORY OF CONSTITUTIONAL CONVENTION. ^3 

of civil war many times during the years 1783 to 1787. The condition 
was such that King George believed that the people would get into 
such a snarl that the states, one by one, would beg on their knees to 
be taken back into the empire. Congress had no control over com- 
merce, the state was absolute in its own domain. New York, not 
content in levying a tariff upon foreign goods, laid a heavy duty on 
Connecticut fire wood and New Jersey butter, cheese and eggs. 

"Great and just was the wrath of the farmers and the lumber- 
men." New Jersey retaliated by levying |18()0 tax on a few square 
feet of ground leased to New York for a light house. In Connecti- 
cut, the merchants agreed, under a penalty of |250 for the first of- 
fense, not to send any goods into the hated state for twelve months. 
"But for the good work of the federal convention another five years 
would scarcely have elapsed before shots would have been fired and 
seeds of perennial hatred have been sown on the shores that look to- 
ward Manhattan Island." 

People from Connecticut had settled in the beautiful Wyoming 
Valley. Pennsylvania claimed this region and its claim had been 
allowed by a federal court as provided by the Articles of Confedera- 
tion. Connecticut accepted the award as gracefully as possible. In 
the spring of 1784 a sudden thaw brought disaster to the Yankee 
settlers, the houses and barns were swept away, their stock drowned 
and the fruit trees destroyed. Greater suffering had not been known 
in this fair state of the Quakers. President Dickenson urged the 
legislature, which was in session, to send prompt relief to the stricken 
valley. ''But the hearts of the members were as of flint, and their 
talk was incredibly wicked. Not a penny would they give to help the 
accursed Yankees. It served them right. If they had stayed in Con- 
necticut they would have kept out of harm's way. "....The legisla- 
ture sent a force of militia to the valley, who stole everything they 
could, treated men with violence and the women with insults, until 
the inhabitants were forced to strike back. Their leader, Patterson, 



^j. HISTORY OF CONSTITUTIONAL CONVENTION. 

attacked the settlement, turned five hundred people out of doors 
and burned their homes ; the old, the infirm, the weak and the tender 
women were driven into the forest at the point of the bayonet and 
told, to leave for Connecticut as quickly as possible. Many became 
food for wolves; their sutfering is indescribable. Actual warfare 
existed. Pennsylvania and all New England were saved from civil 
war by a peculiar arrangement in the Pennsylvania constitution. 
As the legislature consisted of but one body, a body of censors met 
every seven j^ears to revise and even abrogate the action of the legis- 
lature. The time for the meeting of the censors was at hand, and 
they unsparingly condemned the acts of the legislature, and sympa- 
thy was awakened for the suiferers and war was averted. 

These troubles were happening on every hand — anarchy, riot and 
rebellion was the condition of every state. No wonder that men 
turned to their leaders in their demand for a stronger central gov- 
ernment. With the hate that each state held for the other, with th- 
love of the people for their own, it is the wonder of the ages that a 
new government was ever erected. 

"This Republic is, and forever shall remain, a free and independ- 
ent state." — The act whereby the charter of Connecticut became it.-^ 
constitution in 177<>. 

"The people of this commonwealth have the sole and exclusive 
right of governing themselves as a free, sovereign and independent 
"state." — Constitution of Massachusetts, 1780. 

"That the style of this country hereafter be the state of South 
Carolina." — Constitution of South Carolina, 1778. 

Washington and Jefferson repeatedly spoke of Virginia as their 
country. 

The quotations above show the feeling of the people of the states. 
This prejudice must be overcome and the states must be brought to 
the point where they are willing to surrender a part of their power 
before a new government can be erected. 



HISTORY OF CONSTITUTIONAL CONVENTION. 65 

It is generally agreed that common commercial interests led to 
the Constitutional Convention in 1785. ^laryland and Virginia ap- 
pointed commissioners who met at Alexandria to form .a treaty of 
commerce concerning navigation of waters held in common. If it 
was wise to have common laws on commerce, it was concluded that 
a uniform sj^stem of currency was desirable. It was but a step to 
believe that what was desirable for Maryland and Virginia would 
be advantageous to the whole country. In 1786 Virginia ap] ointed 
eight commissioners to meet with similar commissioners of other 
states ''to consider how far uniformity in their commercial regula- 
tions might be necessary to the common interest and perfect har- 
mony." Twelve commissioners representing five states met at An- 
napolis in September, 1787. The important action of this convention 
was a recommendation to congress to call a convention to revise the 
Articles of Confederation. Through the influence of Hamilton and 
Bowdoin, Congress voted the call for a convention to meet in Philadel- 
phia "for the sole and express purpose of revising the Articles of 
Confederation." 

On May 14, 1787, this convention met and began the most im- 
portant legislative events in the world's history. Shortly after the 
convention had organized it was decided that the Articles could not 
be amended then, according to the theory that was generally held and 
their instructions, there was nothing left to do but go home and re- 
port their inability to do anything. But here began the assumption 
of power that was revolutionary, under the leadership of Washing- 
ton, Madison and Randolph. After bitter discussion (the convention 
was on the })oint of breaking up several times) it was decided to make 
an entirely new constitution and submit it to the states for approval. 

The next question discussed was the nature of the government— 

whether it should be national or federal, whether it should be based 

upon the people as units or upon states. The large states were in 

favor of a national form, while the small favored the federal. Aft r 

—(5/ 



QQ HISTORY OF CONSTITUTIONAL CONVENTION. 

serious and dangerous discussion, Roger Sherman, the shoe-maker, 
proposed a compromise, that the Senate should be federal, each state 
having equal power; the thought that the two senators would ever 
vote against each other and thus, according to the federal view, lose 
the state's vote, never entered their minds; and that the House of 
Representatives should be national, the representation to be based on 
population or wealth. 

When the convention had decided that representation should be 
based on population, there was a division between the North and 
South over the question of slavery, the North insisting the slave was 
a chattel the same as the horse, while the South insisted that the 
slave was a person and should be represented. Madison proposed the 
compromise whereby five slaves counted as three white men, giving 
the South undue representation. Were the North and South consist- 
ent? They had traded platforms. Earlier than this, there was a 
proposition made that the Congress of the Confederation should pro- 
portion taxes according to population. Then the North insisted that 
the slaves should be counted as population, while the South held they 
were property. We shall see where the South forgets its new stand 
and holds that the slave is a thing, a matter of commerce, before the 
convention adjourns. 

When the convention took up the question of the control of com- 
merce by congress, the New England states contended for control by 
majority vote; while the southerners, fearing the abolition of the 
slave trade, and unfair treatment by the commercial states, insisted 
that a two-thirds vote should be required to pass a law on commerce. 
The three southern states joined with New England and by their com- 
bined vote only a majority vote is necessary to pass a tariff law, while 
the slave trade was protected until 1808. 

Other compromises were made. The most strikin]^ was an un- 
doubted compromise between state sovereignty and nationalism, 
which is understood rather than expressed. 



HISTORY OF CONSTITUTIONAL CONVENTION. 67 

The purpose of the convention was to establish an aristocratic or 
oligarchic republic and not a democracy. Elbridge Gerry, the father 
of the gerr3'mander, said: "The evils we experience flow from an 
excess of democracy." George Mason, "We have been too demo- 
cratic." Madison, in speaking of the time when a few would own the 
land, said: "The rights of property will not be secure in their (the 
people's) hands or they will become the tool of ambition and opu- 
lence." 

We have come to love our constitution and are so satisfied with 
it that it is almost impossible to have it amended, but hai^ this always 
been so? Let us read the testimony of John Adams: "But these 
(patriots of the revolution and the substantial citizens of seaboard 
towns) could never have succeeded in effecting the establishment of 
the constitution had they not received active and steady co-opera- 
tion of all that was left in America of attachment to the mother 
country, as well as of the money interest." Oallender said: "The 
constitution was crammed down the gullet of America." 



(58 HISTORY OF WYOMING. 



CHAPTER X. 

I A BRIEF HISTORY OF WYOMING. 

THE EQUALITY STATE. 
"Delightful Wyoming! beneath thy skies 

The happy shepherd swains have naught to do 
But feed their flocks on green declivities, 

Or skim perchance thy lake with light canoe. 
* * * * * * * 

"And scarce had Wyoming of war or crime 

Heard, but in transatlantic story rung. 
For here the exile met from every clime 

And spoke in friendship every distant tongue." 

In 1809, Thomas Campbell, a Scottish bard of great descriptive 
power, wrote "Gertrude of Wyoming," and thus made immortal the 
name of a little valley twenty-one miles long and three miles wide, 
in Luzerne county, Pennsylvania. The poem was very popular in the 
sixties, and when a name was wanted for a new territory, Wyoming 
was readily suggested to the poetically inclined statesman. 

The first use of Wyoming in connection with this part of the 
United States, on record, is given in this quotation from a speech by 
Mr. Ashley, a member of the House: "When the territory of Mon- 
tana was organized, as chairman of the committee, I blocked out the 
present territory and gave it the name of Wyoming and attached it 
to the Territory of Dakota.'' Montana was erected into a territory 
in 1864. On January 5, 1865, Mr. Ashley introduced a bill to estab- 
lish the Territory of Wyoming. C. G. Coutant says that Leigh R. 
Freeman, an editor, did more to make the name popular than any 
other man. 



HISTORY OF WYOMING. 69 

Wj'Oming is derived from the Indian word Maughwauwama, and 
means ''The Broad Plains." The territory which was given this 
name was carved out of the three territories, Idaho, I'tah and Da- 
kota. 

The early history of Wyoming is still uncertain, but there are 
many circumstances that point to a Spanish occupancv in the sev- 
enteenth century. While there is no positive proof that the Span- 
iards ever dwelt in the valleys or on the mountains of Wyoming, yet 
the foundations of houses, old ruins, worn tools and the workraali- 
ship of stone implements point to the presence of a white race. 0. G. 
Coutant, in his excellent History of Wyoming, says: "The whole 
Wind River, Big Horn and Yellowstone districts are full of these 
relics and a close examination of them will convince any ordinary 
man that they have been in the ground for two or three hundred 
years." 

The first Americans that entered this state were trappers. They 
braved the rigors of climate and the dangers of Indian warfare that 
they might enrich themselves and their employers. In 180G, John 
Colter and his companions trapped along the Yellowstone and other 
tributaries of the Missouri. In 1811, sixty persons under the lead- 
ership of W. P. Hunt of New Jersey traversed the state on their way 
to the Pacific ocean. From this time to 1834 roving bands of white 
men frequented the parts of this country that were noted for fur- 
bearing animals, without any effort to form a permanent settlement. 

The first settlement was made at Fort Laramie in 1834. The 
fort was first named Fort William, but a trapper by the name of 
Laramie having lost his life on "the head w^aters of the stream that 
bears his name," the name of the fort was changed to Fort Laramie 
(Laramie may be written LaRamie) by its builder, Mr. Campbell of 
■^St. Louis. This fort was established by trappers and used by them 
until 1849, when it was sold to the United States. 



70 HISTORY OF WYOMING. 

Tlie second settlement was made at Fort Bridger, in Finta coun- 
ty, in 1842. 

The first white women in Wyoming were Mrs. Marcus Whitman 
and Mrs. H. H. Sjvaulding, wlio crossed the state in 1836. 

The first era of Wyoming history closed when the scarcity of fur- 
bearing animals made trapping unprofitable. The second era opened 
with the discoverj^ of precious metals. Gold was first discovered in 
1842 in the Sweetwater district, but not until 1855 was any effort 
made to mine the precious metal. 

The third era is noted for the building of the ITnion Pacific rail 
road. This railroad entered the state in 1867, and as it M^as pushed 
forward by its builders, cifies and towns si)rang up as if by magic. 
With the good and law-abiding citizen, came the law-breaker. Wyo- 
ming being a part of Dakota, and its settled portion being hundreds 
of miles from the territorial government, the better citizens were com- 
pelled to take the execution of the laws into their own hands, and 
vigilance committees were formed. Through their efforts a degree 
of order was maintained. 

During these three eras the Indians gave a great deal of trouble 
and much blood was shed. 

The conditions produced hy the building of the Union Pacific 
demanded a swifter and surer method of executing the laws. The 
large increase in the permanent population made local government 
possible and absolutely necessary. The settlers, realizing these facts, 
petitioned congress to give them a government of their own. 

This territory had been a part of the territory of Idaho, but when 
Montana was made a territory, it was transferred to Dakota. Even 
the Dakota legislature asked that a new territory be carved out of 
her possessions. 

On February 13, 1868, a bill was introduced into the National 
Senate, 4)roviding for a territorial government for Wyoming. On 
March 3, the bill was reported to the senate with ■several amend- 



HISTORY OP WYOMING. 7] 

ments, the first of which provided for a change of the name from 
Wyoming to Lincoln, The debate and suggestions that followed are 
amusing. Several senators wanted an Indian name, and Cheyenne 
and Shoshones were proposed and finally voted down. The bill passed 
the senate and was sent to the house, where it was discussed and 
passed late in July. The President approved the bill July 25, 1868. 

On the day that the bill became a law, President Johnson sent 
to the senate the following nominations: A. S, Paddock of Nebraska 
to be Governor of Wyoming; Jacob W. Caldwell to be Register of 
Lands at Cheyenne; Omar F. Roberts of Indiana to be Secretary. 
But the Senate refused to confirm the nominations. In January, 
1869, the President sent to the senate a full list of officers for the new 
Territory, but the Senate again failed to confirm the nominations. 
Soon after the inauguration of President Grant, April 7, 1869, a new 
list of nominations was sent to the Senate, where it was promptly 
confirmed. 

The organization of the new government for the territory was 
completed May 19, 1869. The first election held in the territory was 
held September 2, 1869. A delegate to congress and members of the 
first territorial legislature were elected. The total vote cast was 
5,226. 

The territory was well governed and prospered. New interests 
were created. Stock raising, farming, mining and manufacturing 
offered attractive opportunities for making money. The population 
of the territory increased so rapidly that statehood was soon thought 
of. In 1889, Governor Warren, upon request of the commissioners 
of a majority of the counties, called an election to be held on the 
second Monday of July, 1889, to select delegates to attend a Constitu- 
tional Convention to be held in Cheyenne, beginning on the first Mon- 
day in September following! The people responded to the call and 
chose forty-six delegates who met in convention and adopted a con- 
stitution that was ratified by the people on the fifth of November fol- 



72 HISTORY OF WYOMING. 

lowing. All this was done without permission of the general govern- 
ment. Congress recognized the action taken, and admitted Wyoming 
as a state July 10, 1890. 

Wyoming was in reality a state from November 5, 1889, the day 
when the constitution was ratified. The one that douhts this state- 
ment should study the brief history of the State of Franklin. In 
1785 the inhabitants of western North Carolina adopted a constitu- 
tion, set up a state government, elected a governor and a legislature 
and performed all the powers of statehood. But in. the next year the 
authorities of North Carolina succe<*ded in overthrowing the new gov- 
ernment. Influenced by this trouble. North Carolina ceded to the 
United States all her territory west of the mountains and now com- 
prised in the state of Tennessee. About 1795 the people again erected 
a state government, but this time they called it Tennessee. They 
elected senators and state officers, but the state was not recognized 
until June 1, 1796. 

As a further proof that Wyoming was a state for nearly a year 
before she was admitted to the union, although she did not exercise 
state powers, the following quotation is taken from the law that 
admitted Wyoming to the Union: "Be it enacted, etc.. That the State 
of Wyoming is hereby declared to be a state of the United States of 
America, and is hereby declared admitted into the Union and on 
equal footing with the original states in all respects whatever; and 
that the constitution which the people of Wyoming have formed for 
themselves be, and the same is hereby, accepted, ratified, and con- 
firmed." 

As soon as the state was admitted, preparations were made for 
the establishment of a state government. F. E. Warren, Governor of 
the Territory, called an election for the eleventh of September, 1890. 
On the eleventh of August the Democratic and Republican parties 
held state conventions in Cheyenne and nominated candidates for all 



HISTORY OF WYOMING. 73 

state officers provided for in the constitution. The counties held 
conventions to nominate candidates for county officers. 

On September 11th the election was held. F. E. Warren and 
George W. Baxter were the candidates for Governor. F. E. Warren 
was elected (iovernor and was inaugurated October 11, 1890. Gover- 
nor Warren called a meeting of the Legislature, which was to convene 
November 12, 1890. The new government went into effect October 
11th, but some of the state officers did not qualify until later. The 
legislature met on the appointed day and organized for the work of 
the session. Judge Joseph M. Carey and Governor Francis E. Warren 
were elected Ignited States Senators, 

The state has conducted its affairs in such a manner that it has 
been an honor to the Great Commonwealth of States. 

With her mineral wealth, with her farming and grazing interests, 
with her men and women of sterling character, Wyoming promises 
to be the great state of the mountains. 

WOMAN SUFFRAGE. 

Wyoming has the distinction of being the first political commu- 
nity to confer the right of suffrage upon the woman. The law that 
organized the territory of Wyoming conferred the right of suffrage 
on men only. Mrs. Esther Morris, the first woman justice of the peace 
in the world, interested W. H. Bright, the President of the upper 
branch of the first Territorial Legislature, and Governor John A. 
Campbell, in woman's suffrage. lender the combined leadership of 
these distinguished persons, the first legislature of the territory ex- 
tended to woman the right to vote. The measure had no political 
significance and "has resulted in none of the evils prophesied." As 
a result, men and women have equal property rights. The surviving 
husband or wife of an intestate receives one-half of the property of 
the deceased, and the children the other half. The second legislature 
repealed the law granting universal suffrage, but the governor vetoed 



74 HISTORY OF WYOMING. 

the measure, and the question was not discussed again until the con- 
stitutional convention met in 1889. In the convention a motion to 
submit the question of woman suffrage as a separate proposition was 
voted down by a decided majority. Judging from the discussions of 
the convention, there was only one man present who was opposed to 
universal suffrage. 

Laramie has the distinction of having the first women jurors in 
the history of courts. In 1870 five women served on the grand jury 
and five on the petit jury. Chief Justice Howe complimented the 
services of the jury. Women were called to serve on other juries, 
but when Justice Howe left the bench the practice was discontinued. 

HISTORY OF THE LAND LYING WITHIN THE BOUNDARIES 

OF THE STATE. 

The territorial relations of W^^oming are interesting. No portion 
of the United States has had more changes in its relation to govern- 
ment. In 1763 the greater part of the state was ceded to Spain by 
France, in the Louisiana cession. In 1800, Spain agreed to retrocede 
Louisiana to France on condition that Napoleon would establish the 
Kingdom of Etruria and place the Spanish King's son-in-law upon 
the throne. In 1803, although France had no right to sell, Louisiana 
was bought from her for |15,000,000, to be paid in fifteen years, with 
interest. 

Shortly after the purchase, Louisiana was divided into the Ter- 
ritory of Orleans and the District of Louisiana, and Congress pro- 
vided a government for the Territory of Orleans. The President ap- 
pointed the Governor, the Secretary, and the Legislative Council of 
thirteen, without the advice or consent of the Senate, The Governor 
prepared a bill and presented it to the Council, who could approve or 
reject it, but could not amend or even debate its features. McMaster 
says that Madison and Jefferson are believed to have framed the bill. 



HISTORY OF WYOMING. 75 

Jefferson signed it on the theory that the constitution was for the 
states only. This form of government lasted one year. 

In 1819 the United States ceded Texas to Spain, and thereby 
ceded a part of Albany and Sweetwater counties and the greater part 
of Carbon county to Spain. In 1821, Mexico, of which Texas was a 
part, threw off the yoke of Spanish tyranny and established the Mex- 
ican Republic. In 1836, Texas established a republic and was re- 
annexed to the United States in 1845. In 1850 these parts of counties 
of Wyoming were again ceded to the United States by Texas and 
again became a part of the national domain. The greater part of 
Wyoming remained a part of the United States territory from the 
Louisiana cession until W^yoming was admitted as a state. 

The southern part of Uinta and Sweetwater counties was added 
to the United States by the Mexican cession of 1848, and a portion of 
Uinta, Sweetwater and Fremont counties belongs to the Oregon ter- 
ritory which the United States claimed on account of discovery in 
1792, exploration in 18U5, and settlement at Astoria in 1811. 

Wyoming still kept up the game of shuttle-cock and battledoor 
after it became a possession of the United States. A map of 1855 
shows it to have been divided am^ong the territories of Nebraska, 
Oregon, and Utah. Then in 18G1 it is a part of Nebraska, Utah, Da- 
kota and Washington territories. A year later it was a part of the 
territory of Idaho, and then in 1864 it was transferred to Dakota. 
The Territory of Wyoming was finally carved out of Dakota, Utah and 
Idaho. 

Tart of the territory comprised within the boundaries of Wyo- 
ming has changed owners eight times, and has been ruled over by 
seven different territorial governments. It has been under the rule 
of kings, emperor, the presidents of three different republics, and gov- 
ernors. 



76 QUESTIONS. 



Questions. 



These questions are intended to point out the chief line of 
thought of writers and speakers of the present day, and to lead teach- 
ers to think and to read. Other books will need to be consulted for 
the full answers to these questions. 

GOVERNMENT. 

1. What is the government? 

2. What act of the people establishes it? 

3. Are the people a part of the government? Prove vour an 
swer. 

4. Name four kinds of government and Refine each. 

5. What is a federal government? A national government? 
Which is the United States? Which is Wyoming? 

6. Was Wj'oming a state b^ore its admission to the Union? 

7. What are the powers that a government may exercise? 

DECLARATION OF RIGHTS. 

1. Look up ''Magna Charta," "Declaration of Rights," and "Bill 
of Rights." 

2. Has the Constitution of the United States a "Bill of Rights?" 

3. What events in history led to the fourth amendment to the 
United States Constitution, and Section 4. Article I, of the Wyoming 
Constitution? 

4. Compare the different sections of the "Declaration of Rights" 
in the Wyoming Constitution, with the first ten amendments to the 
Constitution of the Ignited States, and study the history of the abuse 



QUESTIONS. 77 

of power by the English government that led to their incorporation 
into the fundamental law of the nation, and of the states, v 

5. Define indictment. Name the capital otfenses designated by 
law. 

<». What branch of the government is most likely to violate the 
Constitution? Has the first amendment to the Constitution of the 
I'nited States ever been violated? How and by whom? 

7. What is meant by ''attainted of treason"? 

8. Has the United States or state government the control of 
monopolies and trusts? 

9. What is an *'ex post facto law"? 

10. Name some of the powers retained by the people and not 
delegated to the government. 

11. Did Section 37 fix a new relation or simply state a fact? 

12, Can you commit treason against the state? See Section 26. 

LEGISLATIVE DEPARTMENT. 

1. Name the qualifications and salary of a Senator. Of a Rep- 
resentative. What is the term of oflice of each? 

2. On what day are they elected? How is a vacancy filled? 

3. Make a list of the officers of each house. 

4. ^Vliat constitutes a quorum? How many votes are required 
to carry a measure? 

0. Why should members be privileged from arrest during their 
attendance at the sessions of their respective houses? 

(3. What is meant by impeachment? Who may be impeached? 

7. What is the purpose of Section 22? 

8. How many Senators and Representatives does your county 
have? 

9. What executive power does the Senate possess? What ju 
dicial? 

10. Does the house possess any power other than legislative? 



78 QUESTIONS. 

11. How can the legislature be punished for failing to do its 
duty, or doing something forbidden by the Constitution? 

12. In how many instances has the legislature failed to carry 
out the requirements of the Constitution? 

13. Can the legislative branch be punished for violating the 
Constitution? 

EXECUTIVE DEPARTMENT. 

1. State term, salary, and qualifications of Governor. 

2. What legislative power has the governor? Does he have any 
judicial power? 

3. How is a vacancy in the office filled? 

4. Name the other executive officers and give the duty of each. 

5. Name the Grovernors of the State. 

6. How can the Governor be punished for failing or refusing to 
do his duty? 

JUDICIAL DEPARTMENT. 

1. In what bodies is the judicial power vested? 

2. Define appellate jurisdiction, and original jurisdiction. 

3. What is the term and salary of a member of the Supreme 



Court? 



4. What determines who shall be Chief Justice? 

5. Name the duties of the District Judge. What is his salary? 

6. How many districts in the state? 

7. What are the powers of the Justices of the Peace? 

SUFFRAGE. 

1. What are the advantages of universal suffrage? 

2. Under what conditions is an elector privileged from arrest? 

3. What are the qualifications of an elector? 



QUESTIONS. 79 

EDUCATION. 

1. How is money obtained for the support of the schools? 

2. Who has charge of the unsold lands given the state for school 
purposes? 

3. What are the provisions for higher education? 

MISCELLANEOUS. 

1. How may the seat of government be changed? 

2. Who owns the water of the State? 

3. What determines the better right to the use of water? 

4. Who are prohibited from working in the mines? 

5. Can a trust do business in the State? 

6. What is meant by right of eminent domain? 

7. What are common carriers? 

8. Could the State determine its own boundaries? 

9. How are the counties classified? 

10. What property may be exempted from taxation? 

11. What are the limitations on taxation? 



Governors of Wyoming. 

JOHN A CAMPBELL. FRANCIS E. WARREN. 

JOHN M. THAYER. GEORGE W. BAXTER. 

JOHN W. HOYT. THOMAS MOONLIGHT. 

WILLIAM HALE. FRANCIS E. WARREN. 

SINCE STATEHOOD. 

FRANCIS E. WARREN. JOHN E. OSBORNE. 

AMOS W. BARBER. WILLIAM A. RICHARDS. 

(Acting Governor.) DeFOREST RICHARDS. 



Elective Officers of the State. 

CONGRESSIONAL. 

Francis E. Warren ^ . Senator 

Clarence D. Clark Senator 

Frank W. Mondell Representative 

EXE(JUTIVE. 

DeForest Richards Governor 

Fenimore Chatterton S cretary of State 

George E. Abbott Treasurer 

LeRoy Grant : , Auditor 

Thomas T. Tynan Suyjerintendent of Public Instruction 

JUDICIAL. 

SUPREME COURT. 

Charles N. Potter Chief Justice 

Samuel T. Corn Justice 

Jesse Knight Justice 

DISTRICT JUDGES. 

Richard H. Scott First District 

Charles W. Bramel Second District 

David H. Craig . Third District 

Joseph L. Stotts > Fourth District 



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